Opinion
February 27, 1952.
PRESENT: Flynn, C.J., Capotosto, Baker, Condon and O'Connell, JJ.
WORKMEN'S COMPENSATION. Certiorari. Remedy to Review Decree of Lower Court. Supreme court permitted filing of petition for certiorari on the ground that there was doubt as to whether petitioner had adequate remedy by way of appeal to review decree dismissing claim of appeal. After writ issued and record was certified petitioner perfected appeal from decree complained of and appeal was sustained. Held, that consideration of petition for writ of certiorari was unnecessary.
CERTIORARI to review decree of superior court dismissing claim of appeal in workmen's compensation case. After writ issued and record certified to supreme court, petitioner perfected an appeal. Petition denied and dismissed, writ quashed and record ordered sent back to superior court with decision endorsed thereon.
Luigi Capasso, for petitioner.
Boss Conlan, John T. Keenan, for respondent.
This petition for certiorari was allowed to be filed on the ground that there was doubt whether petitioner had an adequate remedy by appeal to this court to review a certain decree of the superior court dismissing her claim of appeal in a workmen's compensation case. After the writ issued and the record in the case was certified here, petitioner perfected an appeal from the decree complained of, which appeal was sustained by our opinion filed this day. Priscilla Worsted Mills v. Vizzacco, 79 R.I. 217. Therefore it is unnecessary to further consider the instant petition.
For the above reason only, the petition is denied and dismissed, the writ heretofore issued is quashed, and the record certified thereunder is ordered sent back to the superior court with our decision endorsed thereon.