Blakely's Case
Wilfred Blakely's (dependent's) Case
Opinion of the Court
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Carroll, J.
The employee was fatally injured as a result of a fall on the ice on a public highway. The injury did not arise out of his employment. It was not caused by it. The injury came from a hazard common to all who had occasion to use the public highway. It is impossible to distinguish this case from Donahue’s Case, 226 Mass. 595 , where it was held that an employee could not recover for an injury caused by a fall on an icy street. The case is governed by Donahue’s Case . See Whitley’s Case, ante, 211, and cases cited.
The decree must be reversed and a decree entered for the insurer.
So ordered.
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