McCann v. Holy Sepulchre Cemetery Ass'n

Rist, District Judge.

This is an appeal by plaintiff, Earl McCann, from an order on rehearing by the Nebraska Workmen’s Compensation Court dismissing his claims for benefits against his employer, Holy Sepulchre Cemetery Association and the State of Nebraska, Second Injury Fund, arising from injuries which he claims arose out of and in the course of his employment by the cemetery association.

The record reflects that plaintiff, since early childhood, has had little vision in his right eye, secondary to amblyopia, and was for all practical purposes a one-eyed person. In 1973 plaintiff was struck…