Whalen v. Athol Manufacturing Co.

This is an appeal “from the order of the Superior Court sustaining the defendant’s demurrer.” G. L. c. 231, § 96.

The facts admitted by the demurrer show that the plaintiff was seriously injured and incapacitated from performing his trade, on April 2, 1919, while in the employment of an independent contractor then engaged in certain work on the defendant’s premises; and disclose that the injury was caused under circumstances creating a legal liability in the defendant to the plaintiff employee. The admitted facts further make known that the plaintiff received compensation for said injury under…