Suttle v. Marble Produce Co.

The opinion of the court was delivered by

Hutchison, J.:

This is an action by a widow and her fifteen-year-old son, for whom she appears as next friend, against respondent and insurance carrier to recover under the workmen’s compensation law for injury to her husband while in the employ of respondent, which injury she claims resulted in his death. The compensation commissioner found in favor of claimants for $4,000.

The district court, upon appeal, reversed the award mainly because there was no written claim for compensation served upon or delivered to the employer or his agent, as required by…