Fidelity Casualty Co. of New York v. Braley

DAVIS, Justice.

The opinion heretofore handed down in this case on September 20, 1960, is set aside and this opinion is filed in lieu thereof.

This is a workmen’s compensation case. Plaintiff-appellee, H. M. Braley, sued defendant-appellant, The Fidelity Casualty Company of New York, for compensation as a result of an injury he received while working for Southwestern Homes, Inc. Appellee alleged that said injury had resulted in his total and permanent disability to perform the usual tasks of a carpenter.

The case was tried to a jury and resulted in a judgment in favor of appellee for 78 weeks of…