Kirby v. Travelers Insurance Co.

STEPHENSON, Justice.

This was a suit brought for death benefits under the Workmen’s Compensation Law. Defendant filed a Plea in Abatement, denominated a motion to dismiss, on the ground that suit was not filed within 20 days after the notice of intention to appeal was given to the Industrial Accident Board.

Plaintiffs had paid a jury fee and had requested that this case be placed upon the jury docket. Counsel for plaintiff made the following statement to the court, preceding a hearing upon defendant’s motion:

“BY MR. SAMPLE: Your Honor, before we go into this — -I took this to be an opening…