Opinion

Butler's Case

  • 278 Mass. 218
  • 179 N.E. 690
  • 1932 Mass. LEXIS 803
Court
Massachusetts Supreme Judicial Court
Filed
Jan 26, 1932
Status
Published
Author
Rugg
On the bench
Rugg
Cited by
2 cases
Authority
More cited than 55.1%

The opinion

Rugg, C.J.

It is stipulated between the parties that the only question presented by this appeal is the constitutionality of St. 1930, c. 208, amending G. L. c. 152, § 10, so as to require the reviewing board to assess costs including a reasonable counsel fee against the insurer in cases where it has claimed a review and where the reviewing board by its decision orders the insurer to make or continue payments to the employee under the workmen’s compensation act. The insurer contends that said c. 208 is unconstitutional, as depriving it of property without due process *219 of law and denying to it the equal protection of the laws, under the principles declared in Bogni v. Perotti, 224 Mass. 152, 156 , Gulf, Colorado & Santa Fé Railway v. Ellis, 165 U. S. 150 , and St.. Louis, Iron Mountain & Southern Railway v. Wynne, 224 U. S. 354 . The statute has been held not to contravene those principles in Ahmed’s Case, ante, 180.

Decree afirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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