Quarry v. Smith

Will Smith, while working at a quarry owned and operated by John W. Bragg, received an injury resulting in the loss of both eyes. He instituted suit under the Workmen's Compensation Act.

The trial court found that petitioner's average weekly wages were $22.50, and decreed a recovery in his favor in the sum of $11.25 per week for a period of four hundred weeks and the further sum of $5 per week for an additional period of one hundred and fifty weeks.

The defenses now relied upon are, in the main, of a technical nature. It is said that it is not averred in the petition that the parties were…