Blakely's Case
Cases that cite this one
2 later published cases cite this decision.
- Mannix's Case (Mass. 1928)
- Colarullo's Case (Mass. 1927)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.