In re Stacy

Decision Date28 November 1916
Citation225 Mass. 174,114 N.E. 206
PartiesIn re STACY. In re TRAVELERS' INS. CO.
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court

OPINION TEXT STARTS HERE

Appeal from Superior Court, Worcester County.

Proceeding under the Workmen's Compensation Act by petitioner, Philomene Stacy, widow of Frank Stacy, employé, opposed by Leominster Ice Company, employer, and Travelers' Insurance Company, insurer. From a decree entered in the superior court, confirming findings of the Industrial Accident Board for the petitioner, the insurer appeals. Affirmed.Daniel F. Gay, of Worcester, for appellant.

H. C. Bascom, of Leominster, for appellee.

CROSBY, J.

This is an appeal from a decree entered in the superior court under the Workmen's Compensation Act (Laws 1911, c. 751). The claimant's decedent was drowned on January 20, 1916, by reason of breaking through the ice of Colburn's pond in Leominster, while on his way home from work. Up to the time of his death, he had been employed by the insured in the icehouse, in the work of storing ice which was cut from the pond. The icehouse was situated at the southerly end of the pond and the decedent lived on Exchange street in Leominster, directly north from the icehouse across the pond.

The evidence showed that there was a path around the pond from the icehouse in the direction of Exchange street. The committee of arbitration found that the distance to reach Exchange street from the icehouse by this route was circuitous, and very much farther than by crossing the pond on the ice. The committee also found that ‘the way out by the driveway to Chestnut street and thence to Pleasant street’ was another way which he could have taken. The committee further found that:

‘The employé followed the reasonable and customary way of leaving his employer's premises. He and Douglass crossed this way regularly and other employés who lived on his street, which lies in the same direction as Exchange street, used this way of leaving the premises. It appears that the path around the pond was not used in winter. * * * The employé was on his employer's premises when he met his death and was leaving these premises by a reasonable way. * * * Here there was no other convenient way of going home. * * * The pond was the premises of his employer under his employer's control. It was a result of the working operations of his employer that he met his death.’

The report sets forth all the evidence material to the issues involved in the case. The committee has found that the death of the employé arose out of and in the course of his employment. The Industrial Accident Board upon review, affirmed and adopted the findings and decision of the committee.

While the employé's work for the day had been finished and he was on his way home at the time of the fatal accident, still it is settled that an injury to a workman may arise out of and in the course of his employment even if he is not actually working at the time of the injury. Von...

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54 cases
  • Swasey's Case
    • United States
    • Appeals Court of Massachusetts
    • October 23, 1979
    ... ... See Mass.R.A.P. 16(a)(4), as amended, 367 Mass. 921 (1975) ... 2 Bell's Case, 238 Mass. 46, 130 N.E. 67 (1921). Hatch's Case, 257 Mass. 440 (1926). Collier's Case, 331 Mass. 374, 119 N.E.2d 191 (1954). Gwaltney's Case, 355 Mass. 333, 244 N.E.2d 314 (1969). Compare Stacy's Case, 225 Mass. 174, 114 N.E. 206 (1916); Cook's Case, 243 Mass. 572, 137 N.E. 733 (1923); Papanastassiou's Case, 362 Mass. 91, 284 N.E.2d 598 (1972) ... 3 Prior to St.1965, c. 487, § 1, the claim for compensation had to be filed within six months of the injury. The amendment to the statute ... ...
  • Griffith v. Cole Bros.
    • United States
    • Iowa Supreme Court
    • December 18, 1917
    ... ... Thilmany , 107 Wis. 216, ... 83 N.W. 360); while on his way from work ( Gane v. Norton ... Hill Colliery Co. , 2 K. B. [1909] 539, Terlecki v ... Strauss , 85 N.J.L. 454 [89 A. 1023], In re ... Shroeb , Ohio Ind. Com. No. 36817, In re Fahey , ... Opinions So. Dept. of Labor, 283, Stacy's case, ... 225 Mass. 174 [114 N.E. 206]); where he is returning, after ... working hours are done, to a sleeping room furnished by the ... employer ( Doherty v. Employers' Liability Assur ... Corporation , 1 Mass. W. C. C. 450). If the employment is ... continuous, injury has been held to ... ...
  • Griffith v. Cole Bros.
    • United States
    • Iowa Supreme Court
    • December 18, 1917
    ... ... Thilmany, 107 Wis. 216, 83 N. W. 360; while on his way home from work, Gane v. Norton, 2 K. B. 539; Terlecki v. Strauss, 85 N. J. Law, 454, 89 Atl. 1023; In re Sroeb, Ohio Ind. Com. No. 36817; In re Fahrey, 155 Opinions Solicitor Department Commerce and Labor, 218; In re Stacy, 225 Mass. 174, 114 N. E. 206; where he is returning after working hours are done to a sleeping room furnished by the employer, Dougherty v. Liability Corporation, 1 Mass. Workmen's Compensation Cases, 450. If the employment is continuous injury has been held to arise out of the employment where ... ...
  • Whittemore Bros. Corp. v. De Grandpre
    • United States
    • Mississippi Supreme Court
    • June 2, 1947
    ... ... serving the convenience of the latter, there is increased ... efficiency or expedition, causation has been readily found ... Donovan's Case, 217 Miss. 76, 104 N.E. 431, ... Ann.Cas.1915C, 778; Milliman's Case, 295 Mass. 451, 454, ... 4 N.E.2d 331; Stacy's Case, 225 Mass. 174, 114 N.E. 206 ... In Cook's Case, 243 Mass. 572, 137 N.E. 733, 734, 29 ... A.L.R. 114, the employee was injured while going to the home ... office by street car, as he did each week, to make a report ... and turn over collections. The court said 'When the ... public ... ...
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