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Blakely's Case

Wilfred Blakely's (dependent's) Case

Blakely's Case, 147 N.E. 576 (Mass. 1925)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
April 18, 1925
Judges
Carroll
Citations
147 N.E. 576252 Mass. 2121925 Mass. LEXIS 1359

Opinion of the Court — Carroll

Text extracted by OCR from a scanned original; check the original for exact wording.

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1927: 11928: 119272026peak 1927 · 1

Relies on it most ⓘ

  1. Colarullo's Case155 N.E. 425 (Mass. 1927)
  2. Mannix's Case163 N.E. 171 (Mass. 1928)

Most recent

  1. Mannix's Case163 N.E. 171 (Mass. 1928)
  2. Colarullo's Case155 N.E. 425 (Mass. 1927)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Donahue's Case, 226 Mass. 595 (1917) 29

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