John Sidney McKean v. W. Horace Williams Company, Inc.

Appellant, plaintiff below, sued defendant, appellee, for the benefits provided by the Louisiana Workmen’s Compensation Act, LSA-R.S. 23:1021 et seq., and, in addition, sought to recover statutory penalties and attorneys’ fees under LSA-R.S. 22:658. ■

The district judge, in a careful opin-' ion,1 found for the plaintiff on the claim for compensation but, on the authority of Sumrall v. J. C. Penney, La.App., 101 So.2d 758, then pending in the Supreme Court, denied the claim for statutory penalties and attorneys’ fees, “preserving * * * to the plaintiff the right to raise the point on appeal, by…