in re Herrick
| Citation | 217 Mass. 111,104 N.E. 432 |
| Parties | In re HERRICK; In re MILLETT, WOODBURY & CO.; In re EMPLOYERS' LIABILITY ASSUR. CO. |
| Decision Date | 27 February 1914 |
| Court | United States State Supreme Judicial Court of Massachusetts |
Sawyer Hardy & Stone, of Boston (John M. Morrison, of Boston, of counsel), for appellant.
Guy C Richards, of Salem, for appellee.
Under the provisions of St. 1911, c. 751, part 2, § 7, the question whether Caroline Herrick was dependent wholly, partly, or at all, upon her deceased father for support, was a question of fact. There are many decisions to this effect in analogous cases. Houlihan v. Connecticut River R. R., 164 Mass. 555, 42 N.E. 108; American Legion of Honor v Perry, 140 Mass. 580, 590, 5 N.E. 634; McCarthy v. New England Order of Protection, 153 Mass. 314, 26 N.E. 866, 11 L. R. A. 144, 25 Am. St. Rep. 637; Daly v. New Jersey Iron & Steel Co., 155 Mass. 1, 5, 29 N.E. 507; Mulhall v. Fallon, 176 Mass. 266, 57 N.E. 386, 54 L. R. A. 934, 79 Am. St. Rep. 309; Welch v. N. Y., N.H. & H. R. R., 176 Mass. 393, 401, 57 N.E. 668; Boyle v. Columbian Fire Proofing Co., 182 Mass. 93, 100, 64 N.E. 726; Mehan v. Lowell Electric Light Corp., 192 Mass. 53, 61, 62, 78 N.E. 385; Wilber v. New England Order of Protection, 192 Mass. 477, 78 N.E. 445; Morena v. Winston, 194 Mass. 378, 383, 80 N.E. 473. As to all questions of fact, the findings of the Industrial Accident Board are conclusive. Pigeon's Case, 216 Mass. 51, 102 N.E. 932; Donovan's Case, 104 N.E. 431; Bentley's Case, 104 N.E. 432. Where, however, as here, all the evidence is reported, it may become a question of law whether there was any evidence upon which the finding could have been made, as in Hodnett v. Boston & Albany R. R., 156 Mass. 86, 30 N.E. 224. Looking, however, at this report, we cannot doubt that there was some evidence that she had been wholly dependent upon her father. She received practically all of his wages; she testified that all of her support came from him. That but for her sense of duty, because she thought that her father needed her care, she might have continued to earn enough for her own support, and to be independent of him, cannot be decisive as matter of law against her claim. The board well might base its conclusions upon the facts as they were and not upon what might have been the case if her sense of filial duty had been weaker.
The report shows no error in the manner in which the insurer's requests were...
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