Polucha v. Landes

Statement of Facts

Birdzell, J.

On April 22, 1927, the plaintiff was injured while working in a mine operated by one Johnson who had fully complied with the workmen’s compensation act. He was taken to a hospital in Kenmare for treatment. An examination was made which showed a fracture of the ankle bone or astragalus. About three days thereafter an operation was performed by the defendant in the course of which the astragalus was removed. The plaintiff filed a claim with the workmen’s compensation bureau which was received Hay 7, 1927, showing the fracture of the astragalus and its removal. This…