Legal Opinion

Clancy's Case

Massachusetts Supreme Judicial Court

Decided October 23, 1917PublishedCited by 20 opinions

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 upon the claim of Harold Clancy as the alleged dependent of James Francis Clancy, an alleged employee of the city of Springfield, which had accepted the provisions of St. 1913, c. 807. In the decision appealed from the board found and decided that there was no contract of hire, express or implied, oral or written, within…

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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 upon the claim of Harold Clancy as the alleged dependent of James Francis Clancy, an alleged employee of the city of Springfield, which had accepted the provisions of St. 1913, c. 807. In the decision appealed from the board found and decided that there was no contract of hire, express or implied, oral or written, within the meaning of § 6 of that statute and of St. 1911, c. 751, Part V, § 2, between. James Francis Clancy, the deceased…

1Opinion of the CourtRugg, C. J.

The agreed facts show in substance that the deceased as teamster had charge of horses and a cart owned by one McGillicuddy, in whose general employ he was. His duties were to take care of, control and drive the horses and team. It was the custom of McGillicuddy, whenever the team was not otherwise in use, to send his driver with the team to the city yards of the city of Springfield and inquire whether or not there was any carting to be done on that particular day and, if there was any to be done, the driver was told to whom and where to report; and then was given information as to what to get…

2Cases cited6 opinions

  1. Pigeon's CaseMassachusetts Supreme Judicial Court · 1913
  2. Shepard v. JacobsMassachusetts Supreme Judicial Court · 1910
  3. Comerford's CaseMassachusetts Supreme Judicial Court · 1916
  4. Tornroos v. R. H. White Co.Massachusetts Supreme Judicial Court · 1915
  5. W. S. Quinby Co. v. EsteyMassachusetts Supreme Judicial Court · 1915

1 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Chisholm's CaseMassachusetts Supreme Judicial Court · 1921
  2. O'Rourke v. Percy Vittum Co.Supreme Court of Minnesota · 1926
  3. Scribner's CaseMassachusetts Supreme Judicial Court · 1918
  4. Massolini v. DriscollSupreme Court of Connecticut · 1932
  5. Ferullo's CaseMassachusetts Supreme Judicial Court · 1954

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