Sciacia's Case

From the decree ordering compensation under the workmen’s compensation act to be paid the employee, the insurer appealed.

We assume that the injury arose out of and in the course of the employment. The question to be decided is this: Did the employee, by bringing a common law action to recover damages for his injury against Charles F. Adams and *532others, trustees, make such an election as to deprive himself of the benefits of the workmen’s compensation act? We infer that Adams was the owner of the building where the employee was injured. The action against him was entered in the Superior Court…