Fresquez v. Farnsworth & Chambers Co.

SADLER, Justice.

The question presented for decision is whether a suit for workmen’s compensation filed September 12, 1952, by reason of an accidental injury suffered August 8, 1952, was filed prematurely.

While the extent and permanency of the plaintiff’s disability were made issuable by the pleadings and litigated below, these questions are not before us on this appeal, having been settled in favor of the plaintiff by the findings of the trial court, leaving for consideration here only two questions, viz., (1) Is the suit premature and (2) Did the court err in making the attorneys fees…