[Download] "Corbett's Case" by Supreme Judicial Court of Massachusetts ~ Book PDF Kindle ePub Free

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eBook details

• Title: Corbett's Case
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 31, 1930
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

CROSBY, J. This is a proceeding under the Workmen's Compensation Act (G. L. c. 152) against the insurer of the Bay State Insulated Wire and Cable Company, herein called the company. The claimant is the widow of William H. Corbett, a carpenter who fell from a ladder while nailing up some windows on the premises of the company, and received injuries which resulted in his death. The only questions for decision are whether at the time of the injury he was an employee of the company, and, if not, whether, as the employee of an uninsured, independent contractor, he was entitled to compensation under section 18 of the act. The pertinent facts found by the Industrial Accident Board on recommittal to it by a Judge of the superior court were as follows: One McNamee, the president, treasurer and general manager of the company, employed one Mitchell, a carpenter and jobber, to do general repair work on buildings owned by the company, and used by it during the preceding twenty-two years in the manufacture of rubber covered wires for electrical purposes, and 'to house its employees, office, machinery and stock and as a plant wherein to carry on its work.' The work which Mitchell was engaged to do was 'an accumulation of the ordinary day to day repairs,' similar in nature to the carpentry repair work customarily taken care of by the company's millwright, one De Fillippo, and its other employees. 'The work done by Mitchell and his men consisted of ordinary and essential repairs.' Parts of some of the foundation sills had rotted and as a result portions of the walls sagged and the floors became uneven. When he was hired this situation was becoming worse, and unless it was remedied by repairs or otherwise, 'it was merely a matter of time when the machinery and power shafting would be getting out of level and plumb and the machinery would not run.' McNamee told him that he would have to use more men than himself. Accordingly, Mitchell ordered Corbett, the deceased, and another carpenter, named Brown, to report at the company to do the work Mitchell had agreed to do. Because of the nature of the work it was impossible to give full instructions to Mitchell at the time he was employed, and instructions were given to him by McNamee as the work progressed; on at least two occasions such instructions were given by McNamee to the two workmen in the absence of Mitchell. Although there was no conversation between Mitchell and McNamee when Mitchell was engaged upon the point whether McNamee was to give orders to the men, such procedure was impliedly contemplated by their agreement.

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