Lesuer v. City of Lowell
| Citation | 227 Mass. 44,116 N.E. 483 |
| Parties | LESUER et al. v. CITY OF LOWELL. |
| Decision Date | 25 May 1917 |
| Court | United States State Supreme Judicial Court of Massachusetts |
OPINION TEXT STARTS HERE
Appeal from Superior Court, Middlesex County.
Proceeding by Joseph B. Lesuer and another under the Workmen's Compensation Act to recover compensation for death of Clarence C. Lesuer, the employé, opposed by the City of Lowell, the employer. From a decree of the superior court, dismissing the claims and affirming an order of the Industrial Accident Board denying them, claimants appeal. Affirmed.
Qua, Howard & Rogers, M. G. Rogers, and S. E. Qua, all of Lowell, for appellants.
W. D. Regan, City Sol., of Lowell, for appellee.
The employé was a teacher employed at an annual salary in the automobile department of Lowell Industrial and Vocational School, maintained by the city under St. 1911, c. 417. It was his duty to instruct boys in mechanics, English, arithmetic and civics. The method of teaching by an instructor in automobile repairing is described specifically in the bill of exceptions as follows: An automobile is brought in and the boys given their directions in taking it apart and putting it together again. The teacher gives them verbal instructions as to what to do-the boys do the work. He directs them. Occasionally, when the automobile is put together or taken apart he takes hold and gives them an idea how it is done, where it is possible he instructs in all kinds of automobile repairing and at times gives a practical demonstration himself as to how the thing is done. The school hours were from 8:30 in the morning to 3:30 in the afternoon. The teachers were expected to stay after that time to get their records and prepare the work for the next day. If there was at the hour of dismissal an incompleted piece of work, it was within the discretion of the teacher to go on and complete it. In such instances it was the custom of the teacher to ask the boys if they would like to stay and do it and some of the boys were so interested that they would stay around and help. To give boys practice in machine work, lathes were used in the repair work and it was the duty of the teacher to see that these machines were kept in order.
The accident happened at 4:15 in the afternoon, and was the consequential result of some unknown act or omission of a boy while engaged in welding. This proceeding is brought by the father and the administratrix of the deceased employé, to recover the compensation provided by the ...
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...a call firefighter, Randall's Case, 279 Mass. 85, 86-87, 180 N.E. 669 (1932) ; an industrial school teacher, Lesuer's Case, 227 Mass. 44, 46, 116 N.E. 483 (1917) ; and a supervisory janitor, White's Case, 226 Mass. 517, 521, 116 N.E. 481 (1917). Whether an individual fits the definition or ......
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Mayor and City Council of Baltimore v. Smith
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