From Casetext: Smarter Legal Research

Dane v. Aetna Casualty and Surety Co.

Supreme Judicial Court of Massachusetts
Jan 28, 1976
369 Mass. 966 (Mass. 1976)

Opinion

January 28, 1976.

Philip J. Shine for the plaintiff.

Edward J. McDonough for the defendant.


In this appeal from a judgment denying the plaintiff's application to vacate an arbitrator's award and confirming that award, the plaintiff argues that the arbitrator exceeded his power and thus the award should be vacated as provided in clause (3) of G.L.c. 251, § 12 ( a). However, the plaintiff's only contention that the arbitrator exceeded his power is in substance a claim that the arbitrator committed an error of law. The principle is well established in this Commonwealth that, in the absence of fraud, an arbitrator's award will not be vacated because of an error of law. Trustees of the Boston Me. Corp. v. Massachusetts Bay Transp. Authority, 363 Mass. 386, 390 (1973), and cases cited.

Judgment affirmed.


Summaries of

Dane v. Aetna Casualty and Surety Co.

Supreme Judicial Court of Massachusetts
Jan 28, 1976
369 Mass. 966 (Mass. 1976)
Case details for

Dane v. Aetna Casualty and Surety Co.

Case Details

Full title:EDWIN S. DANE, executor, vs. AETNA CASUALTY AND SURETY CO

Court:Supreme Judicial Court of Massachusetts

Date published: Jan 28, 1976

Citations

369 Mass. 966 (Mass. 1976)
341 N.E.2d 254

Citing Cases

Taunton Mun. Light v. Paul L. Geiringer Assocs.

Even if there were an error of law or fact, such error of law or fact would be legally insufficient to set…

Santander Bank, N.A. v. Klein

Authy., 363 Mass. 386, 390 (1973). Dane v. Aetna Cas. & Sur. Co., 369 Mass. 966, 967 (1976) (Dane).…