Smith v. Simplex Oil Co.

Plaintiff instituted this action to recover compensation. He alleged that, on July 13, 1928, while performing services arising out of and incidental to his employment with defendant, he sustained an accidental injury to his right eye which had seriously and permanently impaired his vision, and that he was entitled to recover compensation at the rate of $20 per week for a period of 100 weeks, and prayed for judgment accordingly.

On trial, judgment was rendered in favor of plaintiff, awarding him compensation at the rate of $5.40 per week for a period o,f 100 weeks, subject to a credit of…