Moschella v. City of Quincy

(concurring) Mr. Justice Spiegel and I agree that the plaintiff should recover. It is our view, however, that the decision should rest on different grounds. The *85fact that the Legislature has placed the Commonwealth and its political subdivisions, of which the defendant city is one, in a separate and distinct category under the Workmen’s Compensation Act (C. L. c. 152, §§ 69-75) should be the main premise upon which the opinion should be based. We think it is important that this approach should be used because, in our judgment, Pettiti v. Edward J. McHugh & Son, Inc. 341 Mass. 566, departs…