[DOWNLOAD] "Greenaway's Case" by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: Greenaway's Case
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 31, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
SPALDING, Justice. A single member of the Industrial Accident Board found that on February 7, 1942, Robert J. Greenaway, a machinist, employed by the city of Springfield, hereinafter called the city, received a personal injury arising out of and in the course of his employment which caused his death on the same day. There were further findings that the city had accepted St.1913, c. 807 1; that there was no evidence that the deceased had reserved his common law rights under G.L.(Ter.Ed.) c. 152, § 24; that the deceased left no dependents within the meaning of the compensation act; and that the Commonwealth, which had filed a claim under G.L.(Ter.Ed.) c. 152, § 65, as amended, 2 was entitled to receive from the city the sum of $1,000. The reviewing board adopted the findings of the single member with certain modifications not here material. A final decree was entered in the Superior Court in accordance with the decision of the board except that the city was ordered to pay to the Commonwealth the sum of $500 instead of $1,000. The Commonwealth appealed. The city challenges the decree on several grounds, but since it did not appeal we need not discuss them. It is settled that it is not open to a party who does not appeal to ask for a decree more favorable to himself. Kilkus v. Shakman, 254 Mass. 274, 280, 150 N.E. 186; Coe v. Coe, 313 Mass. 232, 234, 46 N.E.2d 1017, and cases cited. It is, of course, open to him to contest any point raised by his opponent on the latter's appeal, but beyond that he cannot go unless he also appealed. Gray v. Chase, 184 Mass. 444, 452, 68 N.E. 676. We shall therefore discuss only the question raised by the Commonwealth's appeal.