Manno v. Tri-State Engineering Co.

Opinion by

Rhodes, J.,

Claimant sustained an accidental injury while in the course of his employment with defendant on September 21,1941, in the nature of a comminuted fracture of the right fibula and a fracture of the right tibia extending into the knee joint surface. A residual traumatic arthritis followed. The parties entered into an open agreement for the payment of compensation. Defendant subsequently filed a petition to terminate. Before the issue raised by the petition and answer had been adjudicated, claimant’s injured knee gave way, on February 13, 1943, causing him to fall. His right…