Home JAMES E. SCOTT'S (dependents') CASE.

346 Mass. 775

November 29, 1963

Decree affirmed. Costs of the appeal are to be determined by the single justice. The reviewing board adopted the findings of the single member in awarding compensation to the claimant widow. The single member relied upon the opinion of a specialist in internal medicine that the employee died from acute cardiac failure causally related to his occupation as a letter pressman in which he had been employed twenty to twenty-five hours a week overtime in the month preceding his death. Evidentiary support for the single member's finding was not lacking. See General Motors Corp., petitioner, 344 Mass. 481 . There was no prejudicial error in a lengthy hypothetical question addressed to and answered by the expert.

Home P. M. MANUFACTURING COMPANY vs. TRUSTEES OF WILLIAM SKINNER & SONS.

346 Mass. 775

November 29, 1963

Exceptions overruled. This is an action of contract to recover damages for an alleged failure to make deliveries of cloth, in accordance with a certain schedule. The defendants filed a declaration in set-off which stated that the Supreme Court of the State of New York had rendered a judgment for the defendants in the sum of $11,047.52 in connection with the transaction set forth in the plaintiff's declaration. The defendants filed a "Motion for Judgment on Undisputed Facts" accompanied by two affidavits. The plaintiff did not file a counteraffidavit. The trial judge allowed the motion and the case is here on the plaintiff's exceptions to the allowance of the motion. The plaintiff's action is based on a "purchase order" dated April 23, 1958. The defendants' New York judgment is based on a superseding "finished goods contract," dated April 25, 1958, covering the same subject matter as the "purchase order," but which contained a clause providing for arbitration in the event of a controversy. A controversy arose between the parties and the defendants requested arbitration. Although the plaintiff objected to the arbitration, it appeared and participated therein. The arbitrators awarded the defendants $10,986.41; pursuant to the New York Civil Practice Act, Section 1461, the defendants filed a petition in the Supreme Court of New York for an order confirming the arbitrators' award and directing judgment to be entered

Page 776

thereon. Subsequently a judgment was so entered. The judgment of the Supreme Court of the State of New York is res judicata and is entitled to full faith and credit. Maxwell Shapiro Woolen Co. Inc. v. Amerotron Corp. 339 Mass. 252 , 258-261. We are unable to discover any sound basis for the plaintiff's exceptions. Double costs are to be assessed under G. L. c. 211, Section 10.