Spear v. Chelsea Building Wrecking Co.

This is an action of tort, brought in 1938 by Chester Spear, to recover damages for personal injuries. Thereafter, his death was suggested and his administratrix was admitted as party plaintiff. The defendant was not insured under the workmen’s compensation act. G. L. (Ter. Ed.) c. 152. Accordingly, under the provisions of § 66 of said chapter, if the intestate was injured in the course of his employment by the defendant, it is no defence in an action to recover damages therefor that the intestate was negligent, or had assumed the risk of injury, or was injured by reason of the negligence of…