Smythe v. Western Star Milling Co.

The opinion of the court was delivered by

Dawson, J.;

This is a workmen’s compensation case. The questions here presented are whether the injury sustained by the workman is a scheduled or an unscheduled injury within the meaning of our workmen’s compensation law; and, second, if it is a scheduled injury whether his compensation should be reduced because of his subsequent earnings.

The trial court found that the workman, James Smythe, while working for the Western Star Milling Company, on March 7, 1931, fell from a ladder upon a four-inch belt, from which he was thrown to the floor, a distance of…