Legal Opinion

Fournier's Case

Supreme Judicial Court of Maine

Decided April 19, 1921PublishedCited by 54 opinions

On appeal. This case was taken to the Law Court on an appeal by defendant from a decision of the Industrial Accident Commission granting compensation to claimant.

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On appeal. This case was taken to the Law Court on an appeal by defendant from a decision of the Industrial Accident Commission granting compensation to claimant. Claimant was working for defendant in its cotton mills at Lewiston, and took hold of a rope used for hoisting cotton from the basement to the floors above through trap doors in the several floors and whs injured there being stairways provided for workmen in going from basement to floors above, and the Industrial Accident Commission held that he was injured in “the course of his employment” and granted him compensation, from which…

1Opinion of the CourtWilson, J.

The claimant, Joseph Fournier, was in the employ of the Androscoggin Mills and engaged in sorting or “mixing” bales of cotton and hoisting them from the basement up stairs through a trap door by means of a rope running over a pulley and attached to an engine or other motor power. At nearly the close of his day’s work, wishing to go upstairs to see how many bales of cotton of the different kinds were up there, he took hold of the rope and called to the man operating the hoisting machinery: “I am coming up. Go ahead.” The hoisting machinery was started, the claimant was being pulled up through…

2Cases cited8 opinions

  1. Larke v. John Hancock Mutual Life InsuranceSupreme Court of Connecticut · 1916
  2. Eugene Dietzen Co. v. Industrial BoardIllinois Supreme Court · 1917
  3. United Disposal & Recovery Co. v. Industrial CommissionIllinois Supreme Court · 1920
  4. Nickerson's CaseMassachusetts Supreme Judicial Court · 1914
  5. Borin's CaseMassachusetts Supreme Judicial Court · 1917

3 more not listed; retrieve them via the Exa API.

3Cited by54 opinions

  1. New Amsterdam Casualty Co. v. SumrellCourt of Appeals of Georgia · 1923
  2. Frederick v. Younger Van LinesNew Mexico Supreme Court · 1964
  3. Fowler v. Baalmann, Inc.Supreme Court of Missouri · 1950
  4. Lamm v. Silver Falls Timber Co.Oregon Supreme Court · 1929
  5. Comeau v. Maine Coastal ServicesSupreme Judicial Court of Maine · 1982

49 more not listed; retrieve them via the Exa API.

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