Sillix v. Armour & Co.

The opinion of the court was delivered by

Porter, J.:

It is insisted a rehearing should be granted on the ground that the law declared in the first paragraph of the syllabus is manifestly based upon the assumption of two facts, first, that defendant offered to pay plaintiff, one-half his average earnings only “until he was able to come back to work,” and second, that a dispute existed as to whether plaintiff’s disability was permanent or only temporary; and it is contended the record contains no evidence upon which to base either assumption. It is also contended that the court misunderstood…