Poast v. Omaha Merchants Express & Transfer Co.

This action is based upon the provisions of the workmen’s compensation act, sections 3642-3696, Rev. St. 1913, as amended by chapter 85, Laws 1917.

It appears that the plaintiff, while in the employ of the defendant, on January 31, 1919, sustained an injury resulting in a comminuted fracture of the tibia and fibula of the left leg just above the ankle joint. There is no question but. that this injury arose out of, and in the course of, the plaintiff’s employment. At the time the plaintiff was receiving a weekly wage of $24.40, and under the law was entitled to receive compensation at *517the rate…