Marshall Construction Co. v. Russell

Appealing from an award of compensation several errors are assigned. The trial Judge found that the husband of petitioner died on October 13th, 1930, following an accidental fall while working on a building for the defendant Company, July 13th, 1930, that his death was either brought about by the fall, or accelerated thereby, and that a good excuse was made for not filing written notice within thirty days of the accident, — “in the event notice was not filed."

It is insisted for the Company, in substance, (1) that notice was neither given, nor excused, (2) that the fall was not proven, and (3)…