In re Murphy

• Decision Date: 18 January 1940
• Parties: MURPHY'S CASE.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

306 Mass. 616

35 N.E.2d 484

MURPHY'S CASE.

Supreme Judicial Court of Massachusetts.

Jan. 18, 1940.

Petition by John J. Murphy to enforce an alleged agreement approved by the Industrial Accident Board between the employee and his employer which also stood in the position of insurer. From a judgment an appeal was taken.

Appeal dismissed.

J. M. Hargedon, of Lawrence, for claimant.

J. P. Kane, City Sol., of Lawrence, for City of Lawrence.

RESCRIPT.

This is a petition filed in the Superior Court by an employee to enforce an alleged agreement approved by the Industrial Accident Board between an employee and his employer, which stands also in the position of insurer. See G.L.(Ter.Ed.) c. 152, § 6. Such an agreement, if in conformity to law, may be enforced by the Superior Court under the provisions of G.L.(Ter.Ed.) c. 152, § 11, as amended, providing that the Superior Court ‘shall * * * render a decree in accordance therewith,’ but that ‘there shall be no appeal therefrom * * * where the decree is based upon * * * a memorandum of agreement.’ By force of this statute no appeal lies from a decree on the petition in this case, and the appeal must be dismissed. Dempsey's Case, 230 Mass. 583, 587, 120 N.E. 75;Sterling's Case, 233 Mass. 485, 490, 124 N.E. 286;DiLeo's Case, 295 Mass. 568, 570, 571, 4 N.E.2d 299;Employers' Liability Assurance Corp., Ltd., v. DiLeo, 298 Mass. 401, 402, 403, 10 N.E.2d 251. See also Young v. Duncan, 218 Mass. 346, 353, 354, 106 N.E. 1;Sciola's Case, 236 Mass. 407, 411, 412, 128 N.E. 666;Rocha's Case, 300 Mass. 121, 125, 14 N.E.2d 133.