James v. Dear & Johnson, Inc.

OTT, Judge.

Plaintiff claims to have sustained an injury resulting in a hernia on his left side caused from attempting to turn over a tree top while engaged in getting out fuel wood for the defendant on October 28, 1935. He alleges that he was receiving $1.50 per day, and asks for compensation of 65 per cent, of his .said daily wage for total and permanent disability for a period not to exceed 400 weeks. Defendant made what, in effect, is a general denial to the allegations of plaintiff’s petition, but the defense is narrowed down to the one contention on the part of defendant, i. e, that…