Ryan v. LUMBERMEN'S MUTUAL CASUALTY COMPANY

OPINION

ERBY L. JENKINS, Special Justice.

This is a workmen’s compensation case. The plaintiff, Edward M. Ryan, Jr., brought suit after the one year Statute of Limitations had run, alleging that the defendant was estopped from denying the claim. The defendant filed a motion to dismiss; the Chancellor sustained the motion, and the plaintiff has appealed.

The question for the Court to decide is whether or not under the facts the defendant is estopped from asserting the Statute of Limitations as a defense.

For the purpose of this appeal it may be conceded that on February 25, 1970, the plaintiff was…