(Download) "Belanger's Case" by Supreme Judicial Court of Massachusetts * Book PDF Kindle ePub Free
eBook details
- Title: Belanger's Case
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 30, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
CROSBY, J. The employee originally was employed by the Perryville Woolen Company as a millwright, machinist and engineer. For some time before his death he was doing general work and was tending the boilers. He worked seven days a week. His weekly wages were $50. His daughter, who is the claimant, her husband and the employee lived together. She has lived with her father and husband ever since her marriage in 1925. She testified before the single member that her father paid her each week $30 out of his wages and kept the rest. Shortly before and at the time of his death the employee was engaged in carrying coal in a wheelbarrow from a pile to the mill. The last time he was seen alive was soon after two o'clock in the afternoon of February 16, 1930. There was evidence tending to show that at that time he was in good health and spirits. At about a quarter of six o'clock that night his body was found lying on the wheelbarrow near the coal pit. He was dead, and the exposed parts of his body were frozen. The wheelbarrow at that time was loaded with coal. There was a mark on the right side of his face about four inches long and extending from his mouth to his ear, which was 'like the shape of the handle' of the wheelbarrow, and the right side of his face was against the handle of the wheelbarrow. A physician called by the insurer testified that a man could slip and knock his head against the handle of a wheelbarrow and become unconscious without any dent at all. There was evidence that it was extremely cold on the day in question, with a temperature of eleven degrees below zero at three o'clock in the afternoon and three degrees below at about six o'clock that night. There was further evidence that on the day the employee died there was snow on the ground which had been tramped down by carrying coal from the coal pile to the mill, and that at the place where the employee was found the ground was slippery.