Toler v. Nashville, C. & St. L. Ry.

This is a Workmen’s Compensation snit, the sole question for determination being the average weekly wage of petitioner, who was totally injured on August 9, 1937, while in the employ of defendant. Prior to his injury petitioner had worked intermittently or irregularly for defendant during the past ten years. He worked as a ‘‘ steel helper. ’ ’ He was a member of the Railroad Brotherhood, whose members had a contract with defendant. Since the amount of work varied from time to time, it was provided that employees of each classification would be given work according to their seniority. Oto.…