Massachusetts Supreme Judicial Court, 1976

Dane v. Aetna Casualty & Surety Co.

Dane v. Aetna Casualty & Surety Co.
Massachusetts Supreme Judicial Court · Decided January 28, 1976
369 Mass. 966; 341 N.E.2d 254; 1976 Mass. LEXIS 1111

Dane v. Aetna Casualty & Surety Co.

Opinion of the Court

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 *967award 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.

Philip J. Shine for the plaintiff. Edward J. McDonough for the defendant.

Judgment affirmed.

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