Claim of Kavanaugh v. Belden

Estoppel by reason of the failure to prosecute a third-party action within the statutory period, after an election to sue, and employment as an independent contractor, are the claims.

Deceased was killed on September 8,1924, by a New York Central railroad train on its Wheatfield crossing, while he was crossing in his own truck, with materials for the alleged employer.

His widow made a claim for compensation on September 20, 1924, and filed it on October 8, 1924. At the first hearing, on November 6, 1924, the referee suggested to claimant’s attorney, who agreed, that he might want to file an…