Kelley's 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 that John T. McGrath was partially dependent for support upon the earnings of his minor half brother Michael F. Kelley at the time of his death.
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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 that John T. McGrath was partially dependent for support upon the earnings of his minor half brother Michael F. Kelley at the time of his death. Kelley was employed as a mill helper and on February 17, 1914, when he was sixteen years of age, received an injury arising out of and in the course of his employment, which resulted in his death on February 24, 1914. The claim for compensation was made by John T. McGrath and Mary McGrath, his…
1Opinion of the CourtBraley, J.
By the findings of the Industrial Accident Board the insurer’s first three requests for rulings become immaterial. Pigeon’s Case, 216 Mass. 51.
But, even if Mary McGrath is not a dependent, the insurer contends that there is no evidence which would justify a finding that John T. McGrath, the remaining claimant, was a dependent within the meaning of the statute. The facts shown by the record are that, because of the death of his mother and the intemperate *540habits of his father, the employee, a minor sixteen years of age, when he was mortally injured, lived at the home of the claimant, his half…
2Cases cited12 opinions
- Pigeon's CaseMassachusetts Supreme Judicial Court · 1913
- Chicago & Alton Railroad v. ShannonIllinois Supreme Court · 1867
- Swasey v. Jaques.Massachusetts Supreme Judicial Court · 1887
- Cripps's CaseMassachusetts Supreme Judicial Court · 1914
- Clarkson v. HattonSupreme Court of Missouri · 1898
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Murphy's CaseMassachusetts Supreme Judicial Court · 1916
- Gritta's CaseMassachusetts Supreme Judicial Court · 1920
- Cowden's CaseMassachusetts Supreme Judicial Court · 1916
- Geo. A. Lowe Co. v. Industrial CommissionUtah Supreme Court · 1920
7 more not listed; retrieve them via the Exa API.