Knight v. Berkline Corp.

This is a Workmen’s Compensation suit which resulted in a dismissal by the trial judge.

Defense is made that the suit having been filed four years after the death of the deceased was barred by the statute of limitations.

However, it appears that petitioner’s action was not barred by the statute of limitations because of the defendant’s failure to comply with Section 50-1017, Sub. Sec. (2) T.C.A.

We are of the opinion that the judgment of the trial court must be affirmed on the ground that the petitioner did not have any disease, or any condition arising in or growing out of his employment.

John…