Blythe v. J. H. Askew & Union Indemnity Co.

ON APPLICATION FOR REHEARING

I

CARVER, J.

Defendant’s able counsel urge that Subsection (e) of Section 8 of the Compensation Act should apply.

*418It seems clear to us that it cannot.

This subsection begins: “In cases not falling within any of the provisions already made,” etc.

We think the case does fall within a previous provision of the statute.

II

Counsel also urge that as Doctor Slicer estimated the injury to plaintiff’s foot at twenty-five per cent and as total loss of a foot is only sjxty per cent of wages for 125 weeks, a construction which gives the plaintiff compensation for 300 weeks makes the…