273 Mass. 333 | Mass. | 1930
This is an appeal from a decree of the Superior Court reversing the finding of the Industrial Accident Board and dismissing the claim for compensation.
The evidence for the claimant and the insurer was in substantial accord, and briefly stated is that Joseph Dattilo, the deceased employee, on December 21, 1928, and on two or three different prior periods, was in the employment of one Quigley, a contractor, who used in connection with his business a compressor, mounted on a motor truck, for drilling holes in rocks. ' The drills frequently had to be sharpened. Dattilo’s duties were to run the compressor or drill, drive a truck or anything of
On the above facts the question for decision is whether the employee’s injury which caused his death arose out of and in the course of his employment. We think the case at bar on its basic facts cannot be distinguished from the decisions of this court wherein it has been held that the injury was not compensable because not sustained during the course of the claimant’s employment. Ross v. John Hancock Mutual Life Ins. Co. 222 Mass. 560. Haggard’s Case, 234 Mass. 330. Rourke’s Case, 237 Mass. 360. Bell’s Case, 238 Mass. 46. Gardner’s Case, 247 Mass. 308. Babineau’s Case, 254 Mass. 214. Savage’s Case, 257 Mass. 30.
If it be assumed that the employee when injured was in the course of his employment, we do not here decide whether the striking of the match upon the gasoline-soaked overalls of the employee was an independent, intervening efficient cause which broke the causal connection between the presence of the gasoline and the injury and made the primary cause too remote, as the insurer contends.
Decree affirmed.