Cain v. National Zinc Co.

The opinion of the court was delivered by

Mason, J.:

Simpson Cain brought an action under the factory act against the National Zinc Company, on account of injuries received while in its employ. On December 7, 1914, he filed an amended petition in which he asked relief under the workmen’s compensation act (Laws 1911, ch. 218, as amended by Laws 1913, ch. 216). Issues were joined and the case was tried without a jury, judgment being rendered on December 26, for the plaintiff, in a lump sum. A motion *680for a new trial was overruled January 15. On January 30 the defendant gave notice of an appeal,…