Speed v. Kieckhefer Container Co.

YARRUT, Judge.

Plaintiff appeals from a judgment of the District Court denying him workmen’s compensation not to exceed 398 weeks at $30 per week, for an injury to his lower back. The only dispute is the nature and duration of the injury. There is no dispute over his employment, nature of employment or wages of $1.10 per hour for a 40-hour week. There is some dispute as to when the disabling injury was sustained.

While Defendant employer’s insurer alone answered admitting Plaintiff was injured on July 17, 1956, as alleged, the employer’s' foreman testified that on July 17, 1956, when Plaintiff…