Lemon v. Morrison-Knudsen Co.

McGHEE, Chief Justice.

This appeal is taken by claimant from an order dismissing his claim for workmen’s compensation. Motion to dismiss the claim was made by the defendants, employer and insurer, at the close of claimant’s case, on the ground a consent judgment entered upon an earlier workmen’s compensation claim made by claimant against defendants was given for the same disability of which claimant now complains, or that the claim is barred under the principle of res judicata.

The facts of the case, viewed in the light most favorable to the claimant, are as follows :

Claimant was employed by…