Broderick's Case

By agreement of the parties the only question considered in the Industrial Accident Board was “whether the employee . . .■ [had] exercised his option to proceed at law against a person other than the insured.” The . board, in substance, found and ruled that he had not, and *150that he could still pursue his remedy for compensation under the workmen’s compensation law. Thereupon certified copies of the papers were filed in the Superior Court, and the court purported to enter a decree that the employee’s claim be dismissed. He appeals.

We are constrained to hold that the Superior Court never…