Roper v. Hammer

The opinion of the court was delivered by

Burch, J.:

The appeal was taken from an order setting aside an award of compensation.

The ground on which the award was cancelled was that the arbitrator acted without authority, in that the defendant did not consent to arbitration in writing, it being admitted that no affirmative consent was given, either written or oral. The ruling was based on section 11 of chapter 226 of the Laws of 1917, which provides, among other things, that “the consent to arbitration shall be in writing, and signed by the parties.” That provision governs the conduct of the…