Hanks v. Southern Public Utilities Co.

Petition by plaintiff for an award under the Workmen's Compensation Act on account of the death of his intestate arising out of and in the course of his employment by the defendant.

It was admitted that the deceased, Curtis Hanks, was at the time of his injury and death, on 6 December, 1929, in the employ of defendant, and that the provisions of the Workmen's Compensation Act apply. The claim for an award is resisted, however, on the ground that plaintiff elected to pursue his remedy by original action in the Superior Court of Wilkes County (where plaintiff resided), under the Federal…