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ART. CI] APPEALS. 765
Appeals.
56.
While an insurance carrier may appeal from a decision of the commis-
sion, such appeal must be taken in the county where the accident occurred
and where the insurance was obtained, and not in the county where the
main office of the insurance company is situated. Purpose of the work-
men's compensation law; how it will be construed. If a state carried the
insurance and appealed from the decision of the commission, such appeal
would have to be made in the court for the county were the business was
obtained, and not to the Anne Arundel or Baltimore City courts. The
fact that the commission sits in Baltimore City does not confer jurisdic-
tion on appeal upon the courts of that city. Brenner v. Brenner, 127 Md.
192.
There is nothing in this section which attempts to confine the trial (on
appeal) to the testimony taken before the commission. A jury trial implies
the right of either party to call witnesses; the party attacking the deci-
sion of the commission may upon appeal introduce any proper oral evi-
dence. The legislature intended to secure to the appellant the benefit of
article 15, section 6 of the constitution. Frazier v. Leas, 127 Md. 575.
And see American Ice Co. v. Fitzhugh, 128 Md. 385.
The right to open and close the argument follows the burden of proof,
and hence upon appeal the appellant has such right. American Ice Co. v.
Fitzhugh, 128 Md. 383.
Miscellaneous.
1916, ch. 597, sec. 59A.
59A. It shall be the duty of the clerk of the Court to which a case
is sent on appeal, under the preceding section, to send to the Commis-
sion a duly certified copy of the docket entries, and judgment of the
Court in each case heard and determined on appeal.
1916, ch. 597, sec. 60A.
60A. When any person as a principal contractor, undertakes to
execute any work which is a part of his trade, business or occupation
which he has contracted to perform and contracts with any other per-
son as sub-contractor, for the execution by or under the sub-contractor,
of the whole or any part of the work undertaken by the principal con-
tractor, the principal contractor shall be liable to pay to any workman
employed in the execution of the work any compensation under this
Article which he would have been liable to pay if that workman had
been immediately employed by him ; and where compensation is claimed
from or proceedings are taken against the principal contractor, then,
in the application of this Article, reference to the principal contractor
shall be substituted for reference to the employer, except that the
amount of compensation shall be calculated with reference to the earn-
ings of the workman under the employer by whom he is immediately
employed.
Where the principal contractor is liable to pay compensation under
this section, he shall be entitled to indemnity from any employer, who
would have been liable to pay compensation to the employee independ-
ently of this section, and shall have a cause of action therefor against
such employer...
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