THAYER'S CASE


345 Mass. 36 (1962)

185 N.E.2d 292

EDWARD F. THAYER'S CASE.

Supreme Judicial Court of Massachusetts, Suffolk.

October 3, 1962.


Attorney(s) appearing for the Case

Laurence S. Locke for the employee.

Henry E. Foley (Henry P. Monaghan with him) for the employer.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, & SPIEGEL, JJ.


KIRK, J.

The employee (Thayer) appeals from a final decree dismissing his claim for double compensation under G.L.c. 152, § 28, as amended through St. 1943, c. 529, § 9.

We summarize the facts relating to the injury. In the spring of 1957 the employer, one Fitzgerald, was engaged in the construction of an extension of Route 128 in Gloucester. Thayer was employed by Fitzgerald as an operator of a unit of heavy construction equipment known as a tournapull...

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