Ray v. Western Union Telegraph Co.

This is an action of tort to recover damages for the death of the plaintiff’s intestate, Daniel Toomey, who, at the time of his death, was fifteen years of age and a messenger boy in the employ of the defendant. The case is before us on a report by a judge of the Superior Court. It is agreed that when the accident occurred the defendant was an employer within the meaning of the workmen’s *304compensation act (St. 1911, c. 751, and amendments thereto) and that it was not insured in accordance with the provisions of the act.

It is stated in the report that on May 16, 1914, the intestate, who had…