ROBERTS v. SMITH


415 A.2d 1089 (1980)

Robin ROBERTS v. David W. SMITH, Jr. and Maine Bonding & Casualty Company.

Supreme Judicial Court of Maine.

Decided June 30, 1980.


Attorney(s) appearing for the Case

Preti, Flaherty & Beliveau by Keith A. Powers (orally), Portland, Preti, Flaherty & Beliveau by Albert Beliveau, Rumford, for plaintiff.

Richardson, Tyler & Troubh by Ronald D. Russell (orally), Portland, David W. Austin, Rumford, for defendants.

Before McKUSICK, C. J., and WERNICK, GODFREY, NICHOLS, GLASSMAN and ROBERTS, JJ.


ROBERTS, Justice.

On February 8, 1979, Ashley Kent Roberts was killed when a tree fell on him while working in the woods as an employee of David W. Smith, Jr. The accident arose out of and occurred in the course of his employment. After a hearing before the Workers' Compensation Commission on May 19, 1979, an award of compensation was granted to Robin Roberts, a surviving widow of Ashley Roberts, under 39 M.R. S.A. §...

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