Rourke's Case
Massachusetts Supreme Judicial Court
Certification to the Superior Court, under the provisions of the workmen’s compensation act, of a decision of the Industrial Accident Board that injuries, received by the claimant on May 22,1919, during a strike in the plant of his employer, the Holyoke Machine Company, and while, with other employees, he was being escorted by his superintendent from his work to a boarding place, occurred in the course of and arose out of his employment.
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Certification to the Superior Court, under the provisions of the workmen’s compensation act, of a decision of the Industrial Accident Board that injuries, received by the claimant on May 22,1919, during a strike in the plant of his employer, the Holyoke Machine Company, and while, with other employees, he was being escorted by his superintendent from his work to a boarding place, occurred in the course of and arose out of his employment. Material evidence before and findings of the Industrial Accident Board are described in the opinion. In the Superior Court, by order of Hammond, J., a decree…
1Opinion of the CourtPierce, J.
In response to an advertisement of the Holyoke Machine Company in a Boston newspaper for “a few first class iron moulders,” Robert Rourke, the claimant, knowing there was a strike on at the company’s factory, on May 21, 1919, went to the office of the Holyoke Machine Company, Worcester, Massachusetts, in search of employment.
He there met one White, superintendent of the Holyoke Machine Company, and was hired by him on May 21, 1919, for an indefinite time at $6 a day.
During their negotiations, White said to Rourke, “I will see that you are taken care of and give you plenty of protection and I…
2Cases cited5 opinions
- Donovan's CaseMassachusetts Supreme Judicial Court · 1914
- Kilduff v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Harbroe's CaseMassachusetts Supreme Judicial Court · 1916
- McGuirk v. ShattuckMassachusetts Supreme Judicial Court · 1893
- Langley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916
3Cited by27 opinions
- St. Louis-San Francisco Railway Co. v. MillsSupreme Court of the United States · 1926
- Souza's CaseMassachusetts Supreme Judicial Court · 1944
- Claim of Field v. Charmette Knitted Fabric Co.New York Court of Appeals · 1927
- Murphy v. MiettinenMassachusetts Supreme Judicial Court · 1945
- Bell's CaseMassachusetts Supreme Judicial Court · 1921
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