Legal Opinion

Gaynor's Case

Massachusetts Supreme Judicial Court

Decided February 27, 1914PublishedCited by 66 opinions

Appeal from a decree of the Superior Court under St. 1911, c. 751, Part III, § 11, as amended by St. 1912, c. 571, § 14, from a decision of the Industrial Accident Board. The case was heard by Pierce, J. The facts found by the Industrial Accident Board are stated in the opinion.

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Appeal from a decree of the Superior Court under St. 1911, c. 751, Part III, § 11, as amended by St. 1912, c. 571, § 14, from a decision of the Industrial Accident Board. The case was heard by Pierce, J. The facts found by the Industrial Accident Board are stated in the opinion. The judge made a decree affirming the decision of the Industrial Accident Board and ordering that the insurer should pay to Emma G. Gaynor, as the dependent widow of Joseph C. Gaynor, the sum of $7.50 a week for a period of three hundred weeks from the date of his injury, October 9, 1912. The insurer appealed from the…

1Opinion of the CourtRugg, C. J.

The facts in this case are that the deceased employee was a waiter employed, at the time his injuries were received, by T. D. Cook and Company, Incorporated, a caterer, having a regular place of business in Boston. It had a contract to serve a banquet at Mount Holyoke College, South Hadley, on October 9, 1912, and on the day before engaged the deceased for service at that banquet. Its agent told the deceased that if he would report at the South Station in Boston the next morning, he could go to South Hadley at its expense with the other waiters. The wage for the service was to be $4, together…

2Cases cited7 opinions

  1. Gillen's CaseMassachusetts Supreme Judicial Court · 1913
  2. Dumont v. United StatesSupreme Court of the United States · 1878
  3. Brown v. CommonwealthMassachusetts Supreme Judicial Court · 1811
  4. Clarke v. Inhabitants of AndoverMassachusetts Supreme Judicial Court · 1910
  5. Galvin v. ParkerMassachusetts Supreme Judicial Court · 1891

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3Cited by66 opinions

  1. Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
  2. Callihan v. MontgomerySupreme Court of Pennsylvania · 1922
  3. Thompson v. TwissSupreme Court of Connecticut · 1916
  4. Marble v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1923
  5. Armburg v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1931

61 more not listed; retrieve them via the Exa API.

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