Smith v. Mitchell

HARDY, Judge.

Plaintiff seeks by this suit to recover an award of compensation for alleged total and permanent disability against defendants, the employer and his insurer. After trial there was judgment in favor of plaintiff awarding compensation at the rate of $26 per week for a period not exceeding 400 weeks, subject to credits for compensation already paid, from which judgment defendants have appealed.

It is established, without dispute, that on or about May 4, 1955, while in the employ of John A. Mitchell, d/b/a Lincoln Builders, who carried a policy of workmen’s compensation insurance with…