WORMSTEAD v. TOWN MANAGER OF SAUGUS


366 Mass. 659 (1975)

322 N.E.2d 171

CHARLES N. WORMSTEAD, THIRD, vs. TOWN MANAGER OF SAUGUS & others.

Supreme Judicial Court of Massachusetts, Essex.

January 20, 1975.


Attorney(s) appearing for the Case

Francis J. Tobin for the plaintiff.

Bradbury Gilbert, Town Counsel (David L. Taylor with him) for the defendants.

Present: TAURO, C.J., QUIRICO, BRAUCHER, KAPLAN, & WILKINS, JJ.


QUIRICO, J.

The plaintiff, a policeman, brought this bill for declaratory and other relief in the Superior Court to establish his claim of right to be granted leave without loss of pay under G.L.c. 41, § 111F, as appearing in St. 1964, c. 149. This statute, in so far as it pertains to this case, grants leave without loss of pay to a police officer "incapacitated for duty because of injury because of injury sustained in the performance of his duty without fault...

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