Home MARY ANN ROSEMOWICZ'S CASE.

2 Mass. App. Ct. 817

April 8, 1974

In this workmen's compensation case, the single member found that the employee was walking along a corridor in the school at which she was employed as a nurse when "she felt her heel going and . . . the heel felt as if it were sliding on something." She fell and fractured her hip. The award of compensation was upheld by the reviewing board and by the decree of the Superior Court. The self-insurer appealed to this court. The fall was not caused by the physical or mental condition of the employee. This distinguishes the present case from Cinmino's Case, 251 Mass. 158 (1925), and Rozek's Case, 294 Mass. 205 (1936), upon which the self-insurer relies. The present case is governed in all essential respects by Rogers's Case, 318 Mass. 308 (1945), and by Harlow's Case, 345 Mass. 765 (1962). See also Caswell's Case, 305 Mass. 500 , 503 (1940), and Baran's Case, 336 Mass. 342 , 344 (1957). The decree is affirmed. Costs of this appeal are to be determined by a single justice of this court.

So ordered.

Home JOHN W. CLAURETIE vs. BOARD OF PARK COMMISSIONERS OF NEW BEDFORD.

2 Mass. App. Ct. 817

April 8, 1974

This petition for a writ of certiorari seeks to quash a decision of the board of park commissioners (the board) rejecting the petitioner's bid for a refreshment concession at a city park under a contract for one year from June 1, 1972, through May 31, 1973, and to order that the board award the contract to the petitioner. Being of the opinion that the case is moot, we need not

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discuss its merits. The contract was to be for a year and the desired termination date has long since passed. See Selectmen of Lakeville v. Alcoholic Beverages Control Commn. 329 Mass. 769 (1953); Chiara v. Zoning Bd. of Appeals of Methuen, ante, 796 (1974). The decision of the Superior Court judge, which we treat as an order for judgment, is to be modified to read: "The subject matter of this petition having become moot, the petition is dismissed"; and as so modified is affirmed.

So ordered.