Merritt v. State Industrial Accident Commission

The plaintiff, Bobert E. Merritt, sustained an injury to his heart while working as a logger, and was awarded compensation by the defendant, State Industrial Accident Commission, for permanent partial disability. Plaintiff appealed the commission’s award to the circuit court, where a jury found that plaintiff was entitled to an award for permanent total disability. Prom the judgment based on said verdict the commission has appealed to this court.

Defendant made no motion for a directed verdict in the trial court, but attempts in this court to challenge for the first time the sufficiency of the…