Girten v. National Zinc Co.

The opinion of the court was delivered by

West, J.:

The defendant appeals from a lump sum judgment under the workmen’s compensation act. It is claimed that the trial court treated the case as one for damages and not as one for compensation and exercised no discretion as to the matter of periodical payments or lump sum judgment.

The petition alleged that before the suit was brought plaintiff requested defendant both orally and in writing to settle with him for his injuries, which request was refused and that the defendant denied any liability; that the defendant had not made any agreement of…