Ruth v. Witherspoon-Englar Co.

The opinion of the court was delivered by

Mason, J.:

James H. Ruth recovered a judgment for $4509.20 against the Witherspoon-Englar Company under the workmen’s compensation act, and it appeals.

1. The amount of the judgment implied a finding of total disability for the full period of eight years. The principal contention of the defendant is that such a finding was not warranted because, even conceding that the plaintiff is now totally unable to perform labor and that this condition will continue for the period named, the evidence shows that the permanent character of his incapacity is actually…