(Download) "Industrial Commission v. Martinez" by Colorado Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Industrial Commission v. Martinez
- Author : Colorado Supreme Court
- Release Date : January 17, 1938
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
In agreeing to the substitution of the last three paragraphs above for, and in lieu of, the original majority opinions last paragraph, which provided for a dismissal by the district court, I do not wish to be understood as approving of the reasoning in that opinion. I am still convinced that the judgment herein should be affirmed. However, I recognize that the substitution supplies in good faith a simple form of practical justice as advocated by Mr. Justice Knous and Mr. Justice Holland in the formers original concurring opinion, now withdrawn. It grants the claimant a "day in court" before the Industrial Commission, by providing for a notice to be hereafter served upon the parties, in place of the one referred to in the affidavit mentioned in the modifying paragraphs, thus giving the claimant and all other parties an opportunity to file a petition for review if desired. Since this course insures an ultimate disposition on the merits, I heartily favor it, in view of the fact that my colleagues are not willing to affirm the judgment of the district court. The dissenting opinion which I originally filed, directing itself to the original opinion now modified, is hereby withdrawn, as no longer serving any useful purpose.
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