Jacques's Case

Massachusetts Supreme Judicial Court

Jacques's Case

166 N.E.2d 701, 340 Mass. 787, 1960 Mass. LEXIS 808

CourtMassachusetts Supreme Judicial Court

DecidedApril 27, 1960

StatusPublished

Cited by2 cases

This text of 166 N.E.2d 701 (Jacques's Case) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jacques's Case, 166 N.E.2d 701, 340 Mass. 787, 1960 Mass. LEXIS 808 (Mass. 1960).

Pincite

Opinion

The decree is to be modified by striking out the affirmance of the decision of the reviewing board, and by dismissing the claim, and as so modified it is affirmed. The employee appeals from a decree of the Superior Court ordering that the “decision of the reviewing board be affirmed.” The decree is erroneous in form. Johnson’s Case, 242 Mass. 489, 493-494. Webb’s Case, 318 Mass. 357, 358. The reviewing board had affirmed and adopted the finding of the single member that the “employee has failed to prove by a fair preponderance of evidence that he suffered a personal injury arising out of and in the course of his employment,” and denied the claim for compensation. The decision of the board was untainted by error of law and resolved the facts against the employee. The denial of the motion to recommit was discretionary.

Free access — add to your briefcase to read the full text and ask questions with AI

The decree is to be modified by striking out the affirmance of the decision of the reviewing board, and by dismissing the claim, and as so modified it is affirmed. The employee appeals from a decree of the Superior Court ordering that the “decision of the reviewing board be affirmed.” The decree is erroneous in form. Johnson’s Case, 242 Mass. 489, 493-494. Webb’s Case, 318 Mass. 357, 358. The reviewing board had affirmed and adopted the finding of the single member that the “employee has failed to prove by a fair preponderance of evidence that he suffered a personal injury arising out of and in the course of his employment,” and denied the claim for compensation. The decision of the board was untainted by error of law and resolved the facts against the employee. The denial of the motion to recommit was discretionary.

Cite This Page — Counsel Stack

Bluebook (online)

166 N.E.2d 701, 340 Mass. 787, 1960 Mass. LEXIS 808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacquess-case-mass-1960.

Opinion

Related

Cite This Page — Counsel Stack