Klein v. McCullough

The opinion of the court was delivered by

Dawson, J.:

This is an appeal from a judgment affirming an award of compensation to a workman who suffered an industrial accident. The main defense was the workman’s failure to make a written demand on his employer for compensation within ninety days as the statute requires.

It appears that on November 30, 1929, while unloading a railway tank car of gasoline for his employer, Bert McCullough, plaintiff, fell off the car. He continued to work until December 18,1929, when he became ill and was confined to his home for ten days. On December 28, 1929, he was…