¶1Decree affirmed. This is an appeal by the husband of the insured employer from a decree of the Superior Court dismissing a claim for compensation under the workmen’s compensation act, G. L. (Ter. Ed.) c. 152, as amended. It is settled by Humphrey’s Case, 227 Mass. 166, that under the act the relationship of employee and employer cannot exist between husband and wife. Here, as in Humphrey’s Case, the record is devoid of evidence upon which to base an estoppel.
324 Mass. 755
Flaherty's Case
Massachusetts Supreme Judicial Court
Decided April 5, 1949
Massachusetts Supreme Judicial Court · decided 1949-04-05
Relies on Humphrey's Case
Decided 1949-04-05