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Dustrude Case

Supreme Judicial Court of Massachusetts
May 2, 1962
182 N.E.2d 487 (Mass. 1962)

Opinion

May 2, 1962.

Walter I. Badger, Jr. ( George J. Shagory with him) for the insurer.

John R. Hally for the claimant.


Decree affirmed. The Industrial Accident Board found (a) that the claimant, Dustrude, the operator of a tractor-drawn trailer, was an employee of the uninsured "owner-operator," Leighton; and (b) that Leighton was, as to the insured carrier and trailer owner, Chicago Express, Inc., an independent contractor under a "trip lease" arrangement. See American Trucking Assns. Inc. v. United States, 344 U.S. 298, 302-306. The findings were not without evidential support and were not tainted by error of law. Van Bibber's Case, 343 Mass. 443, 447. They are determinative of the case. Costs of this appeal may be allowed by the single justice under G.L.c. 152, § 11A.


Summaries of

Dustrude Case

Supreme Judicial Court of Massachusetts
May 2, 1962
182 N.E.2d 487 (Mass. 1962)
Case details for

Dustrude Case

Case Details

Full title:IN RE RAY P. DUSTRUDE, JR.'S., CASE

Court:Supreme Judicial Court of Massachusetts

Date published: May 2, 1962

Citations

182 N.E.2d 487 (Mass. 1962)
344 Mass. 752