Liberty Mutual Insurance Company v. Smith

DISSENTING OPINION ON MOTION FOR REHEARING

MASSEY, Chief Justice.

In the belief that the District Court lacked jurisdiction because of want of notice to the Industrial Accident Board as provided by Art. 8307, § S, I would reverse the judgment of the trial court and dismiss the plaintiff’s suit. This was the decision reached in the original opinion of this Court on October 7, 1966.

Defendant insurance company appealed on the ground that the court did not have jurisdiction because of plaintiff’s failure to give notice to the Board that he would not abide by its final ruling and decision of March…