In re Uzzio

• Decision Date: 23 October 1917
• Parties: In re UZZIO.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

228 Mass. 331

117 N.E. 349

In re UZZIO.

Supreme Judicial Court of Massachusetts, Worcester.

Oct. 23, 1917.

Appeal from Superior Court, Worcester County.

Proceeding under the Workmen's Compensation Act by Sebastian Uzzio's dependents, opposed by the American Woolen Company, the employer, and the Employer's Liability Assurance Corporation, Limited, the insurer. Compensation was awarded by the Industrial Accident Board, and from a decree of the superior court affirming the award, the insurer appeals. Decree affirmed.

Chas. C. Milton and Frank L. Riley, both of Worcester, for appellant.

Peter F. Ward, of Fitchburg, for appellees.

DE COURCY, J.

The finding of the Industrial Accident Board was, that the death of the employé, on December 23, 1915, resulted from an injury arising out of and in the course of his employment. As in the analogous case of the verdict of a jury or the finding by a court in an action at law, that finding is conclusive if it has a substantial support in the evidence: and the conclusion may be reached not only by direct evidence of facts but by reasonable inferences from them. Diaz's Case, 217 Mass. 36, 104 N. E. 384;Von Ette's Case, 223 Mass. 56, 111 N. E. 696, L. R. A. 1916D, 641.

There was uncontradicted testimony of the following facts: Uzzio, a man 37 years of age, was a laborer in the employ of the insured, the American Woolen Company. On the day before the accident he was engaged in shoveling coal from one of two cars which stood on the high end of a trestle, 36 feet and 6 inches above the ground. The cars were located 200 feet from the beginning of the trestle. They were reached by walking on two 6-inch planks, which ran along the outer edge of the trestle and were not guarded by any fence or rail. On the morning of the accident the employé left home for his work soon after 6 o'clock, having told his wife that he had to shovel coal that day; and he had on his working clothes, and wore leather mittens. He made no complaint that he was not in his usual good health. After a short stay in the boiler room of the mill, he started in the direction of the coal cars in time to reach them shortly before 10 minutes of 7, the time when work was started at the mills. At about 6 minutes before 7 one Anderson, who worked with Uzzio, arrived at the coal cars. It was a very cold morning. He found the planks covered with frost, and saw footprints thereon as far as the ladder which was used to get into the coal car. He knew that railroad employés never came to the trestle to do any shifting before 9 or 10 o'clock. A left-hand mitten, which on the evidence belonged to Uzzio, was found in the corner of the car next to the ladder. About 7 o'clock Uzzio was discovered unconscious, on the ground directly below the ladder, and where he naturally would be if he had fallen from the trestle more than 36 feet above. There was a mitten on his right hand, and nothing on his left. His skull...