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123 Me. 571

Graney's Case

Supreme Judicial Court of Maine

Decided April 7, 1924

Supreme Judicial Court of Maine · decided 1924-04-07

<p>An appeal from a decree in his favor was sustained by this court. Graney’s Case, 121 Maine, 500.</p>

Good law ✅— No negative treatment on recordhow we know

Appeal sustained · Decided 1924-04-07

How this case has been cited

Cited by 13 later decisions — most recently June 1991

13 state decisions

4019241930194019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1In 1922, the petitioner having suffered injury through an industrial accident received by approved agreement certain compensation. He also under a commission decree recovered, and received, during a specified period, other compensation for presumed total disability. After such specified period he filed his petition asking further compensation for continuing incapacity.

¶2For the same accidental injury, the same petitioner now asks the same compensation that was denied him in 1922.

¶3lies adjudícala is pleaded and is decisive of the case. The subject matter, the parties, the cause of action, the issue and even the evidence are in this case the same as in that previously passed upon.

¶4*572Counsel for the petitioner strenuously argues that a different cause of action is now presented. But a cause of action is simply a legal right of action. Anderson v. Wetter, 103 Maine, 266. ^Obviously the petitioner relies upon the same right of action now as at the first hearing.

¶5The issue too is the same. It is whether the petitioner’s case is included in "the following schedule,” (Compensation Act, Section 16) and wdiether after the specified period of presumed total disability his incapacity continued. Section 16. It is not questioned that the subject matter and the parties are the same. A judgment whether right or wrong cannot by a party to it be collaterally impeached.

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