Fiedler v. National Tube Co.

Opinion by

Ross, J.,

In this workmen’s compensation case, John W. Fiedler was accidentally killed on January 5, 1944, while in the course of his employment with the defendant company and shortly thereafter Mary Fiedler, as dependent widow, and the employer entered into an open agreement providing for 300 weeks’ compensation and funeral expenses.

On July 3,1944, the employer filed a petition to set aside the agreement averring that “Said agreement was entered into under a mistake of fact, employer believing that Mary Fiedler was the lawful widow of John W. Fiedler, which she was not, having…