BLANCHARD'S CASE


335 Mass. 175 (1956)

138 N.E.2d 762

MYRON BLANCHARD'S CASE.

Supreme Judicial Court of Massachusetts, Suffolk.

December 10, 1956.


Attorney(s) appearing for the Case

James C. Gahan, Jr., (Michael L. Antonellis with him,) for the insurer.

Paul A. D'Agostino, for the claimant.

Present: WILKINS, C.J., RONAN, COUNIHAN, WHITTEMORE, & CUTTER, JJ.


CUTTER, J.

This is an appeal by an insurer from a decree awarding compensation to the employee. The principal present contentions of the insurer are (1) that, while the injury arose in the course of the employment, it did not arise out of it; (2) that the board erred in not finding the employee guilty of serious and wilful misconduct; and (3) that the trial judge erred in denying a motion of the insurer for recommittal of the case to the board to take further evidence...

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