Close v. Lucky O. K. Mining Co.

The opinion of the court was delivered by

West, J.:

The plaintiff recovered a lump-sum judgment under the workmen’s compensation act for an injury to his knee incurred while at work in the defendant’s mine. The defendant appeals, and claims that the judgment is erroneous because excessive, and that .the district court erred in rendering a lump-sum judgment.

*258The trial court made one finding of fact that—

“The basis of the recovery of the amount of $4,810.74 was arrived at on the theory there was a permanent partial disability of the plaintiff, under such conditions as entitled him to compensation…