Astuto v. Ray Gould Co., No. 28286.

CourtNebraska Supreme Court
Writing for the CourtPAINE
Citation242 N.W. 375,123 Neb. 138
Docket NumberNo. 28286.
Decision Date22 April 1932
PartiesASTUTO v. RAY GOULD CO.

123 Neb. 138
242 N.W. 375

ASTUTO
v.
RAY GOULD CO.

No. 28286.

Supreme Court of Nebraska.

April 22, 1932.



Syllabus by the Court.

If an employee suffers an injury, which appears to be slight, but which is progressive in its course, and which several physicians were unable to correctly diagnose, his failure to file claim, or bring suit within the time limited by law, will not defeat his right to recovery, if he gave notice and commenced action within the statutory period after he had knowledge that compensable disability resulted from the original accident.


Appeal from District Court, Douglas County; Hastings, Judge.

Proceedings under the Workmen's Compensation Act by Rosario Astuto, claimant, against the V. Ray Gould Company, employer. From the judgment of a district court affirming a finding of the Compensation Commissioner in favor of the claimant, the employer appeals.

Affirmed.

[242 N.W. 375]

Crossman, Munger & Barton, of Omaha, for appellant.

Davey & Hayes, of Omaha, for appellee.


Heard before GOSS, C. J., ROSE, DEAN, DAY, and PAINE, JJ., and HORTH, District Judge.

PAINE, J.

This is an action brought under the workmen's compensation law by Rosario Astuto, an employee of the V. Ray Gould Company, for an injury and subsequent disability sustained by him while working on the construction of the new Burlington depot at Omaha, Nebraska, on or about January 30, 1930.

The facts in the case disclose that Rosario Astuto, appellee, is a 29-year-old mosaic worker, a married man with one child, and was employed during January, 1930, by the V. Ray Gould Company as a common laborer on the new Burlington depot at Omaha, Nebraska, at 40 cents an hour for a nine-hour day. While so engaged, on or about January, 30, 1930, in moving large, heavy stone blocks weighing approximately 1 1/2 tons, which at that time were frozen to the ground, which were being raised by crowbars to a wooden sled about six inches high, and while prying one of these large stones off the ground, appellee felt a very sharp pain in the lower right portion of his back, which caused him to sit down and rest for a period of about 20 minutes. This happened about 3:30 in the afternoon, and appellee, after resting, finished out the day, but did only light work. It is claimed that notice was given to the employer through the timekeeper on the morning after the accident, and he was assigned lighter work. He continued working on light work for about three weeks, at which time he was dismissed from the...

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21 practice notes
  • Landauer v. State Ind. Acc. Comm.
    • United States
    • Supreme Court of Oregon
    • October 2, 1944
    ...of Hastings v. Saunders, 114 Neb. 475, 208 N.W. 122; Travelers' Ins. Co. v. Ohler, 119 Neb. 121, 227 N.W. 449; Astuto v. Ray Gould Co., 123 Neb. 138, 242 N.W. 925; Montgomery v. Milldale Farm Live Stock Improvement Co., 124 Neb. 347, 246 N.W. 734. It is clear, however, that under such condi......
  • Williamson v. Werner Enterprises, Inc., No. A-03-987.
    • United States
    • Court of Appeals of Nebraska
    • July 13, 2004
    ...347, 246 N.W. 734 (1933); Flesch 682 N.W.2d 734 v. Phillips Petroleum Co., 124 Neb. 1, 244 N.W. 925 (1932); Astuto v. V. Ray Gould Co., 123 Neb. 138, 242 N.W. 375 (1932); Travelers Ins. Co. v. Ohler, 119 Neb. 121, 227 N.W. 449 (1929); City of Hastings v. Saunders, 114 Neb. 475, 208 N.W. 122......
  • Welke v. City of Ainsworth, No. 36062
    • United States
    • Supreme Court of Nebraska
    • December 17, 1965
    ...of the injury sustained October 10, 1962, until June 1963. This clearly is a situation within the rule of Astuto v. V. Ray Gould Co., 123 Neb. 138, 242 N.W. 375, in which we stated: 'If an employee suffers an injury, which appears to be slight, but which is progressive in its course, and wh......
  • Park v. Sch. Dist. No. 27, Richardson Cnty., No. 29266.
    • United States
    • Supreme Court of Nebraska
    • November 9, 1934
    ...Stock Improvement Co., 124 Neb. 347, 246 N. W. 734;Travelers' Ins. Co. v. Ohler, 119 Neb. 121, 227 N. W. 449;Astuto v. V. Ray Gould Co., 123 Neb. 138, 242 N. W. 375;Collins v. Casualty Reciprocal Exchange, 123 Neb. 227, 242 N. W. 457;Marler v. Grainger Bros., 123 Neb. 517, 243 N. W. 622;Poa......
  • Request a trial to view additional results
19 cases
  • Landauer v. State Ind. Acc. Comm.
    • United States
    • Supreme Court of Oregon
    • October 2, 1944
    ...of Hastings v. Saunders, 114 Neb. 475, 208 N.W. 122; Travelers' Ins. Co. v. Ohler, 119 Neb. 121, 227 N.W. 449; Astuto v. Ray Gould Co., 123 Neb. 138, 242 N.W. 925; Montgomery v. Milldale Farm Live Stock Improvement Co., 124 Neb. 347, 246 N.W. 734. It is clear, however, that under such condi......
  • Williamson v. Werner Enterprises, Inc., No. A-03-987.
    • United States
    • Court of Appeals of Nebraska
    • July 13, 2004
    ...347, 246 N.W. 734 (1933); Flesch 682 N.W.2d 734 v. Phillips Petroleum Co., 124 Neb. 1, 244 N.W. 925 (1932); Astuto v. V. Ray Gould Co., 123 Neb. 138, 242 N.W. 375 (1932); Travelers Ins. Co. v. Ohler, 119 Neb. 121, 227 N.W. 449 (1929); City of Hastings v. Saunders, 114 Neb. 475, 208 N.W. 122......
  • Welke v. City of Ainsworth, No. 36062
    • United States
    • Supreme Court of Nebraska
    • December 17, 1965
    ...of the injury sustained October 10, 1962, until June 1963. This clearly is a situation within the rule of Astuto v. V. Ray Gould Co., 123 Neb. 138, 242 N.W. 375, in which we stated: 'If an employee suffers an injury, which appears to be slight, but which is progressive in its course, and wh......
  • Park v. Sch. Dist. No. 27, Richardson Cnty., No. 29266.
    • United States
    • Supreme Court of Nebraska
    • November 9, 1934
    ...Stock Improvement Co., 124 Neb. 347, 246 N. W. 734;Travelers' Ins. Co. v. Ohler, 119 Neb. 121, 227 N. W. 449;Astuto v. V. Ray Gould Co., 123 Neb. 138, 242 N. W. 375;Collins v. Casualty Reciprocal Exchange, 123 Neb. 227, 242 N. W. 457;Marler v. Grainger Bros., 123 Neb. 517, 243 N. W. 622;Poa......
  • Request a trial to view additional results

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