251 Mass. 153 | Mass. | 1925
This is an appeal from a decree of the Superior Court in accordance with the decision of the board member and, on review, of the Industrial Accident Board, which awarded compensation to the widow of Gaetano Pallotta under the provisions of the workmen’s compensation act, G. L. c. 152.
Pallotta was a laborer, at intervals employed by Jeremiah Sullivan to shovel sand, at a sand pit or bank owned or controlled by the wife of Sullivan. Before Mrs. Sullivan acquired her interest in the land, Sullivan was engaged in the general trucking business in the city of Springfield, with one truck. After the interest in the sand pit was acquired, he bought another truck. He delivered sand from this pit to Fred T. Ley, to one Stevens, and some to the city of Springfield. Pallotta, at the last hiring, was engaged by Sullivan, on a Saturday, to help him out for a few hours Sunday morning to deliver about four loads of sand to the Springfield city yard. Sunday morning, the day of the accident, Pallotta came to the yard where Sullivan was fixing the gasoline engine, got a pail of water for him, and then, to keep warm, with one Bianchi broke the sand away from the bank, getting it ready to load into an automatic conveyer to the truck. After Pallotta and Bianchi had worked about fifteen minutes the bank fell and buried Pallotta in the sand.
Sullivan was insured by a Massachusetts workmen’s compensation and employer’s liability policy, which policy covered him under the heading: “ General Trucking for the City of Springfield, including drivers, chauffeurs and their
So ordered.