McMahon's Case
Massachusetts Supreme Judicial Court
Certification, filed in the Superior Court in proceedings under the workmen’s compensation act, of a decision of the Industrial Accident Board finding and ruling that Charles A. McMahon met his death from injuries which arose out of and were sustained in the course of his employment by D. L. Page Company, and awarding compensation to his mother. In the Superior Court by order of Fox, J., a decree was entered in accordance with the decision of the Industrial Accident Board.
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Certification, filed in the Superior Court in proceedings under the workmen’s compensation act, of a decision of the Industrial Accident Board finding and ruling that Charles A. McMahon met his death from injuries which arose out of and were sustained in the course of his employment by D. L. Page Company, and awarding compensation to his mother. In the Superior Court by order of Fox, J., a decree was entered in accordance with the decision of the Industrial Accident Board. Material facts found by the board are described in the opinion. Both the claimant and the insurer appealed.
1Opinion of the CourtCarroll, J.
Charles A. McMahon was killed on the night of September 9, 1918, between six and seven o’clock. At the time of his death he was fifteen years of age. The dining room and kitchen of the restaurant, where he was regularly employed as a “bus boy,” were on the second floor of the building. In one corner of the kitchen there was a freight elevator. Its shaft extended from the basement to the top of the building and was guarded by heavy doors which were supposed to be closed and fastened when the elevator was not at the floor. He had been engaged in cleaning a water cooler situated in a passageway…
2Cases cited4 opinions
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