Dougherty's Case
Massachusetts Supreme Judicial Court
Certification to the Superior Court of a decision of the Industrial Accident Board affirming and adopting findings and rulings of a single member of the board that the claimant Nellie Dougherty had not sustained the burden of proving that a heat prostration which caused the death of her husband Cornelius, the employee, on August 1, 1917, was due to a personal injury which arose out of and in the course of his employment as a teamster for the Union Coal and Wood Company and…
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Certification to the Superior Court of a decision of the Industrial Accident Board affirming and adopting findings and rulings of a single member of the board that the claimant Nellie Dougherty had not sustained the burden of proving that a heat prostration which caused the death of her husband Cornelius, the employee, on August 1, 1917, was due to a personal injury which arose out of and in the course of his employment as a teamster for the Union Coal and Wood Company and that it had not been shown that the employee was subjected by reason of his employment to materially greater danger of…
1Opinion of the CourtCrosby, J.
The undisputed facts in this case show that the employee was a teamster in the employ of the Union Coal and Wood Company. On August 1, 1917, about three o’clock in the afternoon, after having delivered a load of coal, he drove into his *457employer’s yard and complained to one Finn, the treasurer of the company, that he did not feel well and that he was not perspiring; he was ordered to put up his team and go home; about half an hour later it was reported that he was lying in the employer’s barn and was unconscious; he was removed to a hospital and died several hours later, his death being due to…
2Cases cited8 opinions
- McNicol's CaseMassachusetts Supreme Judicial Court · 1913
- Hewitt's CaseMassachusetts Supreme Judicial Court · 1916
- McManaman's CaseMassachusetts Supreme Judicial Court · 1916
- Donahue's CaseMassachusetts Supreme Judicial Court · 1917
- O'Brien's CaseMassachusetts Supreme Judicial Court · 1917
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Glinski v. SheldonWisconsin Supreme Court · 1979
- Higgins's CaseMassachusetts Supreme Judicial Court · 1933
- Zucchi's CaseMassachusetts Supreme Judicial Court · 1941
- Whittemore Bros. v. De GrandpreMississippi Supreme Court · 1947
- Shute's CaseMassachusetts Supreme Judicial Court · 1935
5 more not listed; retrieve them via the Exa API.