Zwaduk v. Morris & Co.

The opinion of the court was delivered by

Marshall, J.:

The defendant appeals from a judgment against it under the workmen’s compensation act for an injury to the plaintiff while in the employ of the defendant. Before the action was commenced the defendant refused to arbitrate the amount of compensation that should be paid to the plaintiff. When the action was called for trial the defendant offered to waive a jury, but this was refused by the plaintiff. A jury was called, the evidence was introduced, and at the close thereof the court did not instruct the jury nor submit to it the questions at…