Saia v. T. Smith & Sons, Inc.

McBRIDE, Judge.

This is a suit for workmen’s compensation benefits which was dismissed as of non-suit on defendant’s plea of prematurity. Plaintiff, the compensation claimant, has appealed.

The plaintiff in substance avers that he was in defendant’s employ in the capacity of longshoreman, and that about March 22, 1957, while performing duties within the scope and course of his said employment, he met with an accident from which resulted certain enumerated disabling injuries.

The petition then sets forth:

*545“Petitioner alleges that 65% of his weekly wage entitles him to maximum weekly compensation…