281 Mass. 538 | Mass. | 1933
The plaintiff’s intestate on December 14, 1930, while an employee of one Piers as helper on a milk truck, received injuries which resulted in his death. The truck was being operated on a public highway by one
The primary object of the compulsory motor vehicle insurance statute is to provide security for the payment of damages for the injury or death of travellers on public highways caused by the negligent operation of motor vehicles. Through the negligent operation of the insured’s motor vehicle by Neves injury and resulting death came to the plaintiff’s intestate while he was a traveller on a highway. The plaintiff was not obliged to sue the employer of his intestate. He chose, as was his right, to bring suit against Neves, the actual wrongdoer, whose liability as well as the amount of damages has now been legally fixed in a judgment. The plaintiff here seeks to have the security of the policy issued by the defendant insurance company applied to the payment of that judgment.
The security afforded by an insurance policy issued pur
At the time of his injury the plaintiff’s intestate besides being a traveller on the highway also had the status of an employee of the insured. The statute does not exclude as a class all employees of an insured from the right to avail themselves of the security of the policy. The only travellers on a highway who are so excluded by the statute are “employees of the insured or of such other person responsible as aforesaid who are entitled to payments or benefits under the provisions” of the workmen’s compensation act (G. L. [Ter. Ed.] c. 152). G. L. (Ter. Ed.) c. 90, § 34A. The question here presented for decision is whether the plaintiff’s intestate was such an employee. Since his employer was not insured under the workmen’s compensation act the plaintiff’s intestate clearly was not a person entitled to any “payments” of compensation or to any payments under that act. Nor do we think, as the defendant company contends, that he was a person entitled to any “benefits” thereunder in the sense in which that word is used in the compulsory insurance statute. The workmen’s compen
Decree affirmed.