In Re MacKenzie

This is a proceeding by respondent to recover compensation for the death of her husband, Niel MacKenzie, under the Workmen's Compensation Act, and is now before this court on a second appeal.

The matter was first heard before the State Industrial Accident Board, which board found in favor of and made an award to respondent, December 28, 1932. An appeal was taken to the district court, and from a judgment of that court, affirming the award of the Accident Board, the first appeal was taken. (In re MacKenzie, 54 Idaho 481, 33 P.2d 113.)

Upon that appeal, this court held that there was but one real…