BARONE v. McCORMICK TRANSPORTATION COMPANY


135 A.2d 140 (1957)

Joseph J. BARONE, Appellant, v. McCORMICK TRANSPORTATION COMPANY, a corporation of the State of Delaware, and Michigan Mutual Liability Company, a corporation of the State of Michigan, Appellees. McCORMICK TRANSPORTATION COMPANY, a corporation of the State of Delaware, and Michigan Mutual Liability Company, a corporation of the State of Michigan, Appellant, v. Joseph J. BARONE, Appellee.

Supreme Court of Delaware.

October 9, 1957.


Attorney(s) appearing for the Case

Stephen E. Hamilton, Jr., Wilmington, for plaintiff.

Herbert L. Cobin, Wilmington, for defendants.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.


BRAMHALL, Justice.

Two questions are presented by these appeals: (1) Was the injury accidental although sustained in the usual course of employment?; and, (2) did defendants waive the provisions of the Workmen's Compensation Act relative to medical treatment and expense after the expiration of thirty days?

On December 1, 1950, plaintiff in the regular course of his employment was engaged in unloading from a truck cotton bales, each weighing approximately 450...

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