Legal Opinion

Baba v. Eastern Malleable Iron Co.

Supreme Court of Connecticut

Decided April 18, 1923PublishedCited by 3 opinions

Appeal by tbe defendant from a pro forma finding and award of the Compensation Commissioner of the first district, taken to and reserved by the Superior Court in Hartford County, Hinman, J., upon the Commissioner’s finding, for the advice of this court. Superior Court advised to set aside the award and remand the cause to the Commissioner for further proceedings.

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Appeal by tbe defendant from a pro forma finding and award of the Compensation Commissioner of the first district, taken to and reserved by the Superior Court in Hartford County, Hinman, J., upon the Commissioner’s finding, for the advice of this court. Superior Court advised to set aside the award and remand the cause to the Commissioner for further proceedings. The finding of the Commissioner establishes the following facts; The plaintiff, John Baba, had been employed by the defendant for eleven weeks, when, on February 13th, 1922, he sustained an injury arising out of and in the course of…

1Opinion of the CourtBeach, J.

The questions reserved turn on the construction of § 5353 of the General Statutes, which we have recently passed on in Mazzi v. Smedley Co., 95 Conn. 607, 112 Atl. 168. In that case the plaintiff worked for the defendant for eight days in all. Of these eight days, four were excluded from the statutory computation because they fell within the first week of the employment, which happened not to commence at the beginning of a calendar week; and two other days were excluded because they fell within the week in which the injury happened. Consequently, as is said on p. 611, “we have left two days’…

2Cases cited1 opinion

  1. Mazzi v. Smedley Co.Supreme Court of Connecticut · 1921

3Cited by3 opinions

  1. LaBao v. Yankee Enterprises, Inc.Supreme Court of Rhode Island · 1982
  2. Limburger v. Hartford Accident & Indemnity Co.Connecticut Superior Court · 1937
  3. Robertsen v. McKesson RobbinsConnecticut Superior Court · 1937

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