McCarthy v. City of Murdo

In this case a rehearing was granted. In the former opinion which appears in 68 S.D. 12, 297 N. W. 790, the court failed to consider certain statutory provisions which are urged by the respondent as being controlling in the present dispute. The respondent cites and relies especially upon SDC 45.0201(88) and 45.1501. It appears from the record that the injury upon which the claim for compensation is based occurred October 10, 1938, which was before the effective date of the Code of 1939 and, of course, the Code sections are not applicable. These Code sections find their source in Chapter 235,…