Nickelberry v. Ritchie Grocer Co.

TALIAFERRO, Judge.

Plaintiff, alleging permanent total physical disability resulting from an accident while performing his duties as a workman, sues his employer, Ritchie Grocer Company, Inc., for sixty-five per cent of his weekly wage for 400 weeks. The following facts are alleged and relied upon as constituting the accident, to-wit:

That while lifting a heavy package in the latter part of May, 1938, plaintiff experienced a shortness of breath; that he became ill and remained so for approximately a week in the latter part of May or the 1st of June, 1938, as a result of the continued lifting…