Falcone v. Hamilton Coal & Mercantile Co.

*188The opinion of the court was delivered by

Mason, J.:

Frank Falcone claimed to have been injured while in the employ of the Hamilton Coal and Mercantile Company under such circumstances as to entitle him to payment under the workmen’s compensation act. Arbitration being refused he brought action against the company on March 18, 1925, and obtained a judgment for $426 payable at once, and for periodical payments amounting to $12 a week until a total of $4,794 should have been received. On January 14, 1926, the defendant made application to the district court for a review of the judgment upon the…