Ertman v. Clemens Coal Co.

The opinion of the court was delivered by

Harvey, J.:

This is a workmen’s compensation case governed by the statute in force in March, 1927 (R. S. 44-501 et seq.). Plaintiff’s petition was in two counts: First, to set aside a release on the grounds of fraud which induced its execution; and, second, for compensation under the act. It was tried to the court, judgment was for plaintiff, and defendant has appealed.

Plaintiff was employed by defendant in a coal mine. Both parties were operating under the workmen’s compensation act. On March 11, 1927, plaintiff, while working in the mine and pushing a…