Fasekis v. J. J. Newbury Co.

In ordering a new trial on procedural grounds, the Presiding Justice acted on the assumption that proof of the defendant’s acceptance of the provisions of the Employers’ Liability and Workmen’s Compensation Act (R. L., c. 216) was necessary before a proper ruling could be made upon the sufficiency of the opening statement. Whether, in view of the unquestioned authenticity of the Commissioner’s certificate of acceptance, the Presiding Justice ought not to have found it “convenient, expedient and economical” (Gaudette v. McLaughlin, 88 N. H. 368, 370) to receive the certificate in evidence is a…