Moore' Case
Massachusetts Supreme Judicial Court
Appeal to the Superior Court under St. 1911 c. 751, Part III, § 11, as amended by St. 1912, c. 571, § 14, from a decision of the Industrial Accident Board. The case was heard by Wait, J. The evidence before the arbitration committee as reported.by the Industrial Accident Board is described in the opinion.
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Appeal to the Superior Court under St. 1911 c. 751, Part III, § 11, as amended by St. 1912, c. 571, § 14, from a decision of the Industrial Accident Board. The case was heard by Wait, J. The evidence before the arbitration committee as reported.by the Industrial Accident Board is described in the opinion. The board found “that the personal injury received by Charles Moore on Saturday, June 26, 1915, did not arise out of his employment, that it occurred as the result of fooling between Moore and Bourne, and that the employee is not entitled to compensation for the incapacity for work resulting…
1Opinion of the CourtDe Courcy, J.
The employee operated an elevator, which was controlled by means of a rope at the side of the car. Two other employees, Bourne and Patrowsky, were being carried on the elevator; and it was ascending from the first to the second floor at the time of the accident.
On conflicting testimony the arbitration committee, and later the Industrial Accident Board, .found in substance that Moore left his position at the elevator rope and took hold of the colored boy Bourne by the chest; that Bourne pushed him back and he (Moore) fell down, and that in the scuffle or “fooling” Moore’s heel was caught and…
2Cases cited3 opinions
- McNicol's CaseMassachusetts Supreme Judicial Court · 1913
- Diaz's CaseMassachusetts Supreme Judicial Court · 1914
- Harbroe's CaseMassachusetts Supreme Judicial Court · 1916
3Cited by14 opinions
- Dillon's CaseMassachusetts Supreme Judicial Court · 1949
- Keaney's CaseMassachusetts Supreme Judicial Court · 1919
- Hill v. Liberty Motor & Engineering Corp.Court of Appeals of Maryland · 1946
- Rochford's CaseMassachusetts Supreme Judicial Court · 1919
- Zarba v. LaneMassachusetts Supreme Judicial Court · 1947
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