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LAPINSKY'S CASE

325 Mass. 13 (1949)

88 N.E.2d 642

PETER LAPINSKY'S (dependents') CASE.

Supreme Judicial Court of Massachusetts, Worcester.

November 9, 1949.

Attorney(s) appearing for the Case

H.J. Dumas, for the claimants.

J.W. Lobdell, for the insurer.

Present: QUA, C.J., LUMMUS, SPALDING, WILLIAMS, & COUNIHAN, JJ.

SPALDING, J.

The question for decision in this case is whether the reviewing board erred in concluding that the employee's death did not arise out of and in the course of his employment.

The facts may be summarized as follows: The employer is engaged in the business of manufacturing bituminous concrete. A portion of its plant consists of four large silos, arranged in line, the tops of which are about fifty feet from...

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