Donahue v. Thorndike & Hix, Inc.
Supreme Judicial Court of Maine
This is an action on the case brought in the name of the plaintiff for the benefit of the Fidelity & Casualty Company of New York, claiming to succeed to the rights of the plaintiff to recover for personal injuries sustained by reason of the alleged negligence of a servant of the defendant, under the provisions of the Workmen’s Compensation Act of Maine. Defendant filed plea of general issue, without brief statement.
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This is an action on the case brought in the name of the plaintiff for the benefit of the Fidelity & Casualty Company of New York, claiming to succeed to the rights of the plaintiff to recover for personal injuries sustained by reason of the alleged negligence of a servant of the defendant, under the provisions of the Workmen’s Compensation Act of Maine. Defendant filed plea of general issue, without brief statement. At the conclusion of the evidence the case was reported to the Law Court for the determination of all questions of law and fact involved in the case, with the stipulation that in…
1Opinion of the CourtMorrill, J.
The decision of this case involves the construction of IT S., Chap. 50, Sec. 26, which reads as follows:
“Sec. 26. When any injury for which compensation is payable under this act shall have been sustained under circumstances creating in some other person than the employer a legal liability to pay damages in respect thereto, the injured employee may, at his option, either claim compensation under this act or obtain damages, from or proceed at law against such other person to recover damages; and if compensation is claimed and awarded under this act, any employer having paid the compensation or…
2Cases cited7 opinions
- Cripps's CaseMassachusetts Supreme Judicial Court · 1914
- Turnquist v. HannonMassachusetts Supreme Judicial Court · 1914
- Otis Elevator, Co. v. Miller & PaineCourt of Appeals for the Eighth Circuit · 1917
- McGarvey v. Independent Oil & Grease Co.Wisconsin Supreme Court · 1914
- Labuff v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Roberts v. American Chain & Cable Co.Supreme Judicial Court of Maine · 1969
- Frank C. Sparks Co. v. Huber Baking Co.Supreme Court of Delaware · 1953
- Liberty Mutual Insurance v. WeeksSupreme Judicial Court of Maine · 1979
- Buzynski v. County of KnoxSupreme Judicial Court of Maine · 1963
- Davis v. Central Vermont Railway Co.Supreme Court of Vermont · 1921
4 more not listed; retrieve them via the Exa API.