Hardegree v. American & Foreign Insurance Co.

*555OPINION

BREWSTER, Justice.

In this Workmen’s Compensation case the plaintiff has appealed from a judgment that denied him a recovery. The trial was to a jury.

The two points made by plaintiff on the appeal are as set out below.

1. The jury found that plaintiff sustained no total disability following the injury. The undisputed evidence showed that he did sustain some total disability. The trial court therefore erred in rendering judgment for defendant based on such jury finding of no total disability.

2. Plaintiff pleaded a general injury. The case was submitted to the jury on the theory of a…