In Re Nixon

Idaho Supreme Court

In Re Nixon

87 P.2d 1007, 60 Idaho 64, 1938 Ida. LEXIS 29

CourtIdaho Supreme Court

DecidedDecember 21, 1938

DocketNo. 6558.

StatusPublished

Cited by3 cases

This text of 87 P.2d 1007 (In Re Nixon) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In Re Nixon, 87 P.2d 1007, 60 Idaho 64, 1938 Ida. LEXIS 29 (Idaho 1938).

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Opinions

In this case appellants, parents of the employee, Francis M. Nixon, deceased, sought compensation for his death alleged to have been due to silicosis contracted while in the employ of respondent. Except that herein the auditor applied for the $1,000 under sec. 43-1101, I. C. A., which claim he later abandoned, and that in this case the employee died from silicosis, the facts are substantially the same as in Brown v.St. Joseph Lead Co., ante, p. 49, 87 P.2d 1000, No. 6557, this day decided, and the decision and law therein announced determines this case. The order of the board denying compensation is therefore reversed and remanded for further proceedings awarding compensation to the extent the parents of deceased were shown to be dependent on deceased.

Costs to appellants.

Holden, C.J., and Ailshie and Budge, JJ., concur.

Morgan, J., deeming himself to be disqualified, did not sit with the court at the hearing nor participate in the opinion.

ON REHEARING. (March 9, 1939.)

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In this case appellants, parents of the employee, Francis M. Nixon, deceased, sought compensation for his death alleged to have been due to silicosis contracted while in the employ of respondent. Except that herein the auditor applied for the $1,000 under sec. 43-1101, I. C. A., which claim he later abandoned, and that in this case the employee died from silicosis, the facts are substantially the same as in Brown v.St. Joseph Lead Co., ante, p. 49, 87 P.2d 1000, No. 6557, this day decided, and the decision and law therein announced determines this case. The order of the board denying compensation is therefore reversed and remanded for further proceedings awarding compensation to the extent the parents of deceased were shown to be dependent on deceased.

Costs to appellants.

Holden, C.J., and Ailshie and Budge, JJ., concur.

Morgan, J., deeming himself to be disqualified, did not sit with the court at the hearing nor participate in the opinion.

ON REHEARING. (March 9, 1939.)

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87 P.2d 1007, 60 Idaho 64, 1938 Ida. LEXIS 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-nixon-idaho-1938.

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