Leonard v. Atlas Powder Co.

DARR, Chief Judge.

The suit was instituted to recover under the Tennessee Workmen’s Compensation Law, T.C.A. § 50-901 et seq., and jurisdiction is in this court by reason of diversity.

After a consideration of the facts and a review of the Tennessee statutes and decisions applicable to the issues, the Court concludes:(1) The plaintiff received an accidental injury on or about October 23, 1953, arising out of and in the employment by defendant.(2) The defendant had actual knowledge of the plaintiff’s injury within the statutory time, which amounts to a waiver of written notice and entitled…