Mahoney'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, in which they found that the claimant, Agnes M. Murphy, the sister of the deceased injured employee, was a member of the employee’s family, although not his next of kin, and that she was partially dependent upon him for support, and made her an award of compensation as such dependent.
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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, in which they found that the claimant, Agnes M. Murphy, the sister of the deceased injured employee, was a member of the employee’s family, although not his next of kin, and that she was partially dependent upon him for support, and made her an award of compensation as such dependent. In the Superior Court the case was heard by Jenney, J. The facts shown by the report are stated in the opinion. The judge made a decree in accordance with…
1Opinion of the CourtBraley, J.
We are of opinion that the decree for the claimant must be reversed, and a decree for the insurer entered. The de*556ceased employee having left a minor daughter, the claimant, his sister, is not the next of kin and can have no claim for compensation unless she was a member of his family partly dependent for support upon his earnings at the time of his death. Kelley’s Case, 222 Mass. 538. St. 1911, c. 751, Part V, § 2.
While the claimant, her minor son and the employee lived together in the house formerly owned by the mother of the sister and brother, who died intestate, the claimant is shown to…
2Cases cited3 opinions
- Murphy's CaseMassachusetts Supreme Judicial Court · 1916
- Cowden's CaseMassachusetts Supreme Judicial Court · 1916
- Kelley's CaseMassachusetts Supreme Judicial Court · 1916
3Cited by9 opinions
- Thibeault v. City of New BedfordMassachusetts Supreme Judicial Court · 1961
- Moore's CaseMassachusetts Supreme Judicial Court · 1936
- Musgrave's CaseMassachusetts Supreme Judicial Court · 1933
- Olson's CaseMassachusetts Supreme Judicial Court · 1924
- Peterson's CaseMassachusetts Supreme Judicial Court · 1930
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