Gillespie v. Vermont Hosiery & Mach. Co., No. 1647.

Docket NºNo. 1647.
Citation199 A. 564
Case DateMay 03, 1938
CourtUnited States State Supreme Court of Vermont
199 A. 564

GILLESPIE
v.
VERMONT HOSIERY & MACHINE CO. et al.

No. 1647.

Supreme Court of Vermont. Washington.

May 3, 1938.


199 A. 564

Appeal from Commissioner of Industries; Howard E. Armstrong, Commissioner.

Proceeding under the Workmen's Compensation Act by Thomas J. Gillespie, claimant, opposed by the Vermont Hosiery & Machine Company, employer, and the American Mutual Liability Insurance Company, insurance carrier. From an award of the Commissioner of Industries in favor of claimant, the employer and the insurance carrier appeal, whereupon the claimant moved to dismiss the appeal.

Motion to dismiss denied; award affirmed.

Argued before POWERS, C. J., and SLACK, MOULTON, SHERBURNE, and BUTTLES, JJ.

J. Boone Wilson, Charles F. Black, and Willsie E. Brisbin, all of Burlington, for appellants. Norbert J. Towne, of Northfield, and Finn & Monti, of Barre, for appellee.

199 A. 565

SLACK, Justice.

The defendants appeal from an award in claimant's favor under the Workmen's Compensation Act. P.L. 6480 et seq.

The first question for review concerns the validity of the appeal, which is challenged on the grounds that it was not seasonably entered and docketed with the clerk of this Court and because only one copy of such papers was filed with him. The appeal was taken and allowed December 7, 1937. No question is made but that this was done within the time required by statute. P.L. 6548, 6550. The former section provides that either party may appeal from an award of the commissioner to the county court within ten days after receiving notice of the same, and that such appeal shall be entered and docketed in that court within the time prescribed by P.L. 1475 for entering appeals to that court from a justice court, namely, within twenty-one days from the time the appeal is taken. P.L. 6550 provides that:

"If an appeal is not taken under the provisions of the second preceding section within the time limited therefor either party may, within five days thereafter, appeal to the supreme court; and the jurisdiction of such court shall be limited to a review of questions of law certified to it by the commissioner. On such appeal or on appeal taken as provided in the two preceding sections and coming to the supreme court on exceptions from the county court, the supreme court may render final judgment and award execution, or may remand the cause to the county court or to the commissioner for further findings or for new order by him in accordance with the mandate of such court."

This statute fixes no time within which an appeal taken thereunder must be entered in this Court. The claimant contends that the provisions of P.L. 1475 apply to such appeals as well as to those taken under P.L. 6548; and argues that since no other method of appeal is provided by the statutes the words "such appeal" that appear early in the second sentence of 6550 can refer only to an appeal taken in the manner prescribed in the two preceding sections. This argument is clearly without merit. Those sections have to do solely with appeals to the county court. Even a cursory reading of the entire sentence in which these words appear shows that their use is to specify in what cases this Court may do certain things, and nothing else. When words admit of but one meaning, a court is not at liberty to speculate on the intention of the legislature, or to construe an act according to its own notion of what...

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8 practice notes
  • Laird v. State of Vt. Highway Dept., No. 1686.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • June 12, 1941
    ...earlier than otherwise would have occurred, and thus the injury was compensable. Gillespie v. Vermont Hosiery & Machinery Co., 109 Vt. 409, 199 A. 564; Morrill v. Bianchi & Sons, Inc., 107 Vt. 80, 87, 176 A. 416; Clover, Clayton & Co., Limited v. Hughes, supra; Ann. 7 A.L.R., supra. In the ......
  • Valente v. Commercial Ins. Co. of Newark, N. J., No. 1082
    • United States
    • Vermont United States State Supreme Court of Vermont
    • October 3, 1967
    ...the death. Foulkrod v. Standard Acc. Ins. Co., supra, 23 A.2d at p. 433. In Gillespie v. Vermont Hosiery & Machinery Co., 109 Vt. 409, 415, 199 A. 564, a workmen's compensation case, it was held that where a dormant disease (arteriosclerosis) is revived or accelerated by accidental injury c......
  • Lewis v. Holden, No. 1819
    • United States
    • Vermont United States State Supreme Court of Vermont
    • October 6, 1953
    ...by the Legislature but the interpretation asked for cannot be assumed by us. Blanchard v. Blanchard's Estate, 109 Vt. 454, 459, 199 A. 564; State v. Franklin Co. Savings Bank & Trust Co., 74 Vt. 246, 263, 52 A. Petition dismissed. ...
  • Marsigli's Estate v. Granite City Auto Sales, Inc., No. 1932
    • United States
    • Vermont United States State Supreme Court of Vermont
    • February 4, 1964
    ...a point of view favorable to the award, if this can reasonably be done. Gillespie v. Vermont Hosiery & Machinery Co., 109 Vt. 409, 415, 199 A. 564. The presence of cancer at the time of the fall is undisputed. It is equally undisputed that the pain which ensued directly after the fall on th......
  • Request a trial to view additional results
8 cases
  • Laird v. State of Vt. Highway Dept., No. 1686.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • June 12, 1941
    ...than otherwise would have occurred, and thus the injury was compensable. Gillespie v. Vermont Hosiery & Machinery Co., 109 Vt. 409, 199 A. 564; Morrill v. Bianchi & Sons, Inc., 107 Vt. 80, 87, 176 A. 416; Clover, Clayton & Co., Limited v. Hughes, supra; Ann. 7 A.L.R., supra. In ......
  • Valente v. Commercial Ins. Co. of Newark, N. J., No. 1082
    • United States
    • Vermont United States State Supreme Court of Vermont
    • October 3, 1967
    ...death. Foulkrod v. Standard Acc. Ins. Co., supra, 23 A.2d at p. 433. In Gillespie v. Vermont Hosiery & Machinery Co., 109 Vt. 409, 415, 199 A. 564, a workmen's compensation case, it was held that where a dormant disease (arteriosclerosis) is revived or accelerated by accidental injury c......
  • Lewis v. Holden, No. 1819
    • United States
    • October 6, 1953
    ...by the Legislature but the interpretation asked for cannot be assumed by us. Blanchard v. Blanchard's Estate, 109 Vt. 454, 459, 199 A. 564; State v. Franklin Co. Savings Bank & Trust Co., 74 Vt. 246, 263, 52 A. Petition dismissed. ...
  • Marsigli's Estate v. Granite City Auto Sales, Inc., No. 1932
    • United States
    • Vermont United States State Supreme Court of Vermont
    • February 4, 1964
    ...a point of view favorable to the award, if this can reasonably be done. Gillespie v. Vermont Hosiery & Machinery Co., 109 Vt. 409, 415, 199 A. 564. The presence of cancer at the time of the fall is undisputed. It is equally undisputed that the pain which ensued directly after the fall o......
  • Request a trial to view additional results

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