Walkden's Case
Massachusetts Supreme Judicial Court
Certification to the Superior Court, under the provisions of the workmen’s compensation act, of a decision, with necessary papers in connection therewith, of the Industrial Accident Board that James Walkden, the claimant, received an injury on July 1, 1919, in the course of and arising out of his employment by Passaic Cotton Mills; and, on the question “whether the insurer or subscriber had notice or knowledge of the injury,” "that the employee informed Tanner, the second…
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Certification to the Superior Court, under the provisions of the workmen’s compensation act, of a decision, with necessary papers in connection therewith, of the Industrial Accident Board that James Walkden, the claimant, received an injury on July 1, 1919, in the course of and arising out of his employment by Passaic Cotton Mills; and, on the question “whether the insurer or subscriber had notice or knowledge of the injury,” "that the employee informed Tanner, the second hand, his direct foreman and the agent for the subscriber on Thursday, July 3, 1919, the first day upon which he had…
1Opinion of the CourtBraley, J.
The employee not having given notice in writing as provided in St. 1911, c. 751, Part II, § 15, and in § 16 as amended by St. 1912, c. 172, § 1, and c. 571, § 3, must rely on § 18, that “Want of notice shall not be a bar to proceedings under this act, if it be shown that the association, subscriber, or agent had knowledge of the injury.” The board member found that on July 1, 1919, the employee, a weaver, while at work was struck and injured by a flying shuttle, and on July 3,1919, before leaving work spoke “of the accident and the pain to the weaver from whose loom the shuttle was thrown and…
2Cases cited7 opinions
- Brown's CaseMassachusetts Supreme Judicial Court · 1917
- Murphy's CaseMassachusetts Supreme Judicial Court · 1917
- Bloom's CaseMassachusetts Supreme Judicial Court · 1916
- McLean's CaseMassachusetts Supreme Judicial Court · 1916
- Ruddy v. George F. Blake Manufacturing Co.Massachusetts Supreme Judicial Court · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- West's CaseMassachusetts Supreme Judicial Court · 1943
- Kangas's CaseMassachusetts Supreme Judicial Court · 1933
- Kareske's CaseMassachusetts Supreme Judicial Court · 1924
- Bacon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1926
- Rinne v. W. C. Griffis Co.Supreme Court of Minnesota · 1951
12 more not listed; retrieve them via the Exa API.