Fernald's Case
Massachusetts Supreme Judicial Court
Certification to the Superior Court under the provisions of the workmen’s compensation act of a decision of the Industrial Accident Board upon the claim of the widow of George Fernald, who was alleged to have died as the result of a bullet wound received in the course of his employment by Mitchell and Company, Incorporated.
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Certification to the Superior Court under the provisions of the workmen’s compensation act of a decision of the Industrial Accident Board upon the claim of the widow of George Fernald, who was alleged to have died as the result of a bullet wound received in the course of his employment by Mitchell and Company, Incorporated. The board affirmed and adopted findings and rulings of a single member of the board, who heard the evidence, decided that the injury which resulted in the death of the employee arose out of and in the course of his employment, and awarded -compensation to the claimant. In…
1Opinion of the CourtBraley, J.
The insurer’s appeal from the denial of its motion to recommit the case to the Industrial Accident Board on the ground of newly discovered evidence not having been referred to in the brief nor argued at the bar must be treated as waived.
It was uncontroverted that the employee was hired as a “night watchman and he did the sweeping as well.” And that in the performance of his regular duties shovelling snow off the sidewalk in front of the store, he received a bullet wound in the abdomen from which in the opinion of the assistant medical examiner death by internal hemorrhage ensued the same day.…
2Cases cited10 opinions
- Sponatski's CaseMassachusetts Supreme Judicial Court · 1915
- Pigeon's CaseMassachusetts Supreme Judicial Court · 1913
- Von Ette's CaseMassachusetts Supreme Judicial Court · 1916
- Sanderson's CaseMassachusetts Supreme Judicial Court · 1916
- Commonwealth v. MinkMassachusetts Supreme Judicial Court · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Warner v. FullerMassachusetts Supreme Judicial Court · 1923
- Czuczko v. Golden-Gary Co., Inc.Indiana Court of Appeals · 1931
- Caccamo's CaseMassachusetts Supreme Judicial Court · 1944
- Herbert's CaseMassachusetts Supreme Judicial Court · 1933
- Sullivan's CaseMassachusetts Supreme Judicial Court · 1922
2 more not listed; retrieve them via the Exa API.