Legal Opinion

Standard Cabinet Co. v. Landgrave

Indiana Court of Appeals

Decided November 4, 1921No. 11,141PublishedCited by 23 opinions

From Industrial Board of Indiana. Proceedings for compensation under the Workmen’s Compensation Act by Philip D. Landgrave against the Standard Cabinet Company. From an award for applicant, the defendant appeals.

1Opinion of the CourtNichols, P. J.

This is the second appeal in this cause, the opinion reversing the first award being reported in 73 Ind. App. 625, 128 N. E. 358.

1. Appellee contends that the question as to whether there was an injury by accident arising out of and in the course of the employment is not open for review on this appeal, for the reason that it was presented by appellant on the first appeal, and was decided by necessary implication. But we are not in harmony with this contention. ' A failure to find that appellant had notice, as required by the statute, was fatal to the award, and the question being properly…

2Cases cited5 opinions

  1. Haskell & Barker Car Co. v. BrownIndiana Court of Appeals · 1917
  2. Indian Creek Coal & Mining Co. v. CalvertIndiana Court of Appeals · 1918
  3. United Paperboard Co. v. LewisIndiana Court of Appeals · 1917
  4. In re DentonIndiana Court of Appeals · 1917
  5. Standard Cabinet Co. v. LandgraveIndiana Court of Appeals · 1920

3Cited by23 opinions

  1. American Maize Products Co. v. NichiporchikIndiana Court of Appeals · 1940
  2. Georgia Casualty Co. v. JonesSupreme Court of Georgia · 1923
  3. Brown v. Lumbermen's Mutual Casualty Co.Court of Appeals of Georgia · 1934
  4. Roush v. W. R. Duncan & SonIndiana Court of Appeals · 1932
  5. Hendrickson v. Continental Fibre Co.Superior Court of Delaware · 1926

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