Simmons v. Wilson Employees Mutual Benefit Fund

The opinion of the court was delivered by

Wedell, J.:

This was an action to recover for total permanent disability out of an employees’ benefit fund. Plaintiff prevailed, and defendant appeals.

It is urged the trial court erred in three particulars: first, that total permanent disability was not established; second, the trial court erred in refusing to set aside certain special findings of the jury; third, plaintiff did not comply with the terms of the contract.

In view of the nature and scope of the special findings, the three contentions may be conveniently discussed in connection with the…