Eckert's Case
Massachusetts Supreme Judicial Court
Appeal to the Superior Court under the workmen’s compensation act from a decision of the Industrial Accident Board dismissing the claim of Wright Eckert against the town of Lee for compensation for an injury sustained on July 22, 1918, when he Was driving his team and was hauling a load of ashes for the town. The case was heard by Morton, J. The facts shown by the evidence reported are described in the opinion.
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Appeal to the Superior Court under the workmen’s compensation act from a decision of the Industrial Accident Board dismissing the claim of Wright Eckert against the town of Lee for compensation for an injury sustained on July 22, 1918, when he Was driving his team and was hauling a load of ashes for the town. The case was heard by Morton, J. The facts shown by the evidence reported are described in the opinion. St. 1913, c. 807, was not mentioned in the record but it was found that the town of Lee was "insured to pay compensation to its employees.” The judge made a decree that the claimant…
1Opinion of the CourtBraley, J.
The undisputed facts shown by the record and found by the Industrial Accident Board are that at the time of the injury the claimant with his team was hauling a load of ashes for the town of Lee to be used in the construction of a public way. It was provided by his contract of employment that he should furnish the team, feed, take care of and drive the horses for a fixed daily remuneration. The entire management and mode of transportation were under his control and the only orders given by the town’s foreman were to direct him where to go for the ashes and after the ashes had been loaded, in…
2Cases cited3 opinions
- Centrello's CaseMassachusetts Supreme Judicial Court · 1919
- McAllister's CaseMassachusetts Supreme Judicial Court · 1918
- Winslow's CaseMassachusetts Supreme Judicial Court · 1919
3Cited by14 opinions
- McDermott's CaseMassachusetts Supreme Judicial Court · 1933
- Smith Bros., Inc. v. O'BryanTexas Supreme Court · 1936
- Oliveira v. New Prime, Inc.Court of Appeals for the First Circuit · 2017
- Massolini v. DriscollSupreme Court of Connecticut · 1932
- Ferullo's CaseMassachusetts Supreme Judicial Court · 1954
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