Plouffe v. Taft-peirce Mfg. Co., 1786.

Decision Date23 July 1947
Docket NumberNo. 1786.,1786.
Citation53 A.2d 529
PartiesPLOUFFE v. TAFT-PEIRCE MFG. CO.
CourtRhode Island Supreme Court

OPINION TEXT STARTS HERE

See 54 A.2d 417.

Appeal from Superior Court, Providence and Bristol Counties; G. Frederick Frost, Judge.

Petition by Napoleon Plouffe for review under Workmen's Compensation Act in order to have determined the amount of compensation due him from Taft-Peirce Manufacturing Company, employer. From a decree fixing the compensation, the respondent appeals.

Appeal denied and dismissed and decree appealed from affirmed and cause remanded for further proceedings.

Walter H. Sharkey, of Woonsocket, for petitioner.

Sisson, Fletcher, Worrell and Hodge and Lee A. Worrell, all of Providence, for respondent.

BAKER, Justice.

This is a petition for review brought under the provisions of the workmen's compensation act, General Laws 1938, chapter 300, as amended, by an employee against his employer in order to have determined the amount of compensation now due him. The petition was heard in the superior court by a justice thereof, who entered a decree fixing compensation, and from the entry of that decree the respondent prosecuted its appeal to this court.

Claiming that it desires to raise only a question of law by its appeal, the respondent failed to request or to file and have allowed a transcript of any of the testimony taken in this cause in the superior court. It has been stated by this court that it is the legislative intent that equity practice should be followed in proceedings under the workmen's compensation act. Jules Desurmont Worsted Co. v. Julian, 56 R.I. 97, 183 A. 846. Furthermore, this court has repeatedly held that in equity an appeal from a decree, final in effect, which is based in whole or in part on oral testimony, cannot be prosecuted in this court without a transcript of the testimony or so much thereof as may be agreed to by the parties. Purcell v. John Hancock Mutual Life Ins. Co., 56 R.I. 93, 183 A. 884; Corbett v. Penhall, 58 R.I. 185, 192 A. 171; Davis v. Perrino, 60 R.I. 145, 197 A. 393; Austin v. Newport Trust Co., 65 R.I. 87, 13 A.2d 682. The statute upon which these decisions are based, now G.L.1938, chap. 541, §§ 1-3, applies to a ‘proceeding following the course of equity’, as well as to any cause in equity. Therefore the requirements of this statute, prescribing the mode of taking and perfecting an appeal in equity from a decree entered in the superior court, are conditions precedent to the taking and perfecting of an appeal like the one here. In the circumstances we are of the opinion that the lack of any transcript in the instant cause raises a jurisdictional question...

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4 cases
  • Letendre v. R.I. Hosp. Trust Co., 890.
    • United States
    • Rhode Island Supreme Court
    • July 23, 1948
    ...v. John Hancock Mut. Life Ins. Co., 56 R.I. 93, 183 A. 884; Austin v. Newport Trust Co., 65 R.I. 87, 13 A.2d 682; Plouffe v. Taft-Peirce Mfg. Co., 72 R.I. 487, 53 A.2d 529. The appellants, however, in support of their motion contend that we should accept the statement of the evidence appear......
  • New England Transp. Co. v. Rodrigues, 2207
    • United States
    • Rhode Island Supreme Court
    • June 19, 1953
    ...that the trial justice granted its motion to dismiss the original appeal. In support of that contention it cites Plouffe v. Taft-Peirce Mfg. Co., 72 R.I. 487, 53 A.2d 529. The petitioner appears to be under the impression that the appellant in that case desired to raise only a question of l......
  • Plouffe v. Taft-Peirce Mfg. Co.
    • United States
    • Rhode Island Supreme Court
    • June 12, 1953
    ...fully with the provisions of art. III, § 7, governing appeals in proceedings under the Workmen's Compensation Act. Plouffe v. Taft-Peirce Mfg. Co., 72 R.I. 487, 53 A.2d 529. The employer thereafter filed a motion for leave to reargue which was denied. Id., 73 R.I. 215, 54 A.2d On August 16,......
  • Plouffe v. Taft-peirce Mfg. Co., 1786.
    • United States
    • Rhode Island Supreme Court
    • July 23, 1947
    ...Court, Providence and Bristol Counties; G. Frederick Frost, Judge. On motion for reargument. Motion denied. For former opinion, see 53 A.2d 529. Walter H. Sharkey, of Woonsocket, for petitioner. Sisson, Fletcher, Worrell & Hodge and Lee A. Worrell, all of Providence, for respondent. PER CUR......

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