Industrial Comm. v. Pomeroy

We think this instruction followed by the finding of the jury for the plaintiff makes it clear that the jury found that the plaintiff was entitled to participate in the fund. Under Sec. 1465-90 the trial court on appeal in the instant case could properly submit to the jury but one question, —“Was the claimant entitled to participate in the fund?” The finding contained in the verdict as to the allowance of compensation ,and doctor’s bill must be disregarded as surplusage. A certificate of the court in lieu of final judgment was filed in the cause. This certificate recites the return of the…