Nouses's Case

Massachusetts Supreme Judicial Court

Nouses's Case

96 N.E.2d 234, 326 Mass. 797, 1951 Mass. LEXIS 719

CourtMassachusetts Supreme Judicial Court

DecidedJanuary 2, 1951

StatusPublished

Cited by1 cases

This text of 96 N.E.2d 234 (Nouses'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

Nouses's Case, 96 N.E.2d 234, 326 Mass. 797, 1951 Mass. LEXIS 719 (Mass. 1951).

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Opinion

Decree affirmed. The board was not obliged to accept the employee’s contention that one or more of his several hernias or any disability therefrom arose out of a fall against a steam table while he was at work. There was evidence that a medical examination ten days before the fall revealed hernia and that another examination the day after the fall disclosed no black and blue marks and showed that the employee’s condition was the same as before the fall. The employee had the burden of proof. Even if other evidence would have warranted findings in the employee’s favor, the issues were issues of fact, and the findings against the employee must stand. Amon’s Case, 315 Mass. 210, 214-215. Flaherty’s Case, 316 Mass. 719, 722. Roney’s Case, 316 Mass. 732, 734. Amello’s Case, 320 Mass. 347. Chapman’s Case, 321 Mass. 705, 707.

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Decree affirmed. The board was not obliged to accept the employee’s contention that one or more of his several hernias or any disability therefrom arose out of a fall against a steam table while he was at work. There was evidence that a medical examination ten days before the fall revealed hernia and that another examination the day after the fall disclosed no black and blue marks and showed that the employee’s condition was the same as before the fall. The employee had the burden of proof. Even if other evidence would have warranted findings in the employee’s favor, the issues were issues of fact, and the findings against the employee must stand. Amon’s Case, 315 Mass. 210, 214-215. Flaherty’s Case, 316 Mass. 719, 722. Roney’s Case, 316 Mass. 732, 734. Amello’s Case, 320 Mass. 347. Chapman’s Case, 321 Mass. 705, 707.

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Bluebook (online)

96 N.E.2d 234, 326 Mass. 797, 1951 Mass. LEXIS 719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nousess-case-mass-1951.

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