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FITZPATRICK'S CASE

331 Mass. 298 (1954)

118 N.E.2d 774

THOMAS L. FITZPATRICK'S CASE.

Supreme Judicial Court of Massachusetts, Suffolk.

April 2, 1954.

Attorney(s) appearing for the Case

Daniel A. Canning, for London Guarantee & Accident Co., Ltd.

Lawrence J. Sullivan, for the claimant.

Walter I. Badger, Jr., (Philip L. Berkeley with him,) for The Travelers Insurance Company.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & WILLIAMS, JJ.

RONAN, J.

This is a workmen's compensation case. The employee was incapacitated by an injury that arose out of and in the course of his employment, and no question is raised that he is entitled to compensation. The issue presented is whether the London Guarantee & Accident Co., Ltd., the insurer on the risk on May 12, 1948, when as the result of an injury, the employee became partially disabled, or The Travelers Insurance Company, the insurer on the risk on January...

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