Gallagher's Case
Massachusetts Supreme Judicial Court
Certification, filed in the Superior Court on May 12, 1921, under the provisions of the workmen’s compensation act, of a decision of the Industrial Accident Board affirming and adopting findings and rulings of a single member of the board that Francis Gallagher, who received personal injuries while unloading a barrel at the plant of the Vised Company, was an employee of that company and was not an independent contractor, and awarding him compensation.
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Certification, filed in the Superior Court on May 12, 1921, under the provisions of the workmen’s compensation act, of a decision of the Industrial Accident Board affirming and adopting findings and rulings of a single member of the board that Francis Gallagher, who received personal injuries while unloading a barrel at the plant of the Vised Company, was an employee of that company and was not an independent contractor, and awarding him compensation. In the Superior Court the case was heard by Sanderson, J. Material evidence and findings and rulings of the single member of the Industrial…
1Opinion of the CourtCrosby, J.
The question in this case is whether the evidence warranted a finding that the claimant was an employee of the Viscol Company at the time of receiving his injury on June 9, 1920.
In the month before the injury the claimant bought a horse and wagon; and soon afterwards made a contract with the subscriber to carry merchandise to and from the place of business of the latter at a certain price per bundle, barrel or package so carried, the price depending upon the size of the articles and the distance they were taken. The board member found that the claimant also was given the right to carry…
2Cases cited8 opinions
- Scribner's CaseMassachusetts Supreme Judicial Court · 1918
- Comerford's CaseMassachusetts Supreme Judicial Court · 1916
- Centrello's CaseMassachusetts Supreme Judicial Court · 1919
- Eckert's CaseMassachusetts Supreme Judicial Court · 1919
- Mount Pleasant Stable Co. v. SteinbergMassachusetts Supreme Judicial Court · 1921
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McDermott's CaseMassachusetts Supreme Judicial Court · 1933
- Smith Bros., Inc. v. O'BryanTexas Supreme Court · 1936
- Massolini v. DriscollSupreme Court of Connecticut · 1932
- In Re Estate of AmondSupreme Court of Iowa · 1926
- Bland v. Greenfield Gin Co.New Mexico Supreme Court · 1944
3 more not listed; retrieve them via the Exa API.