Whitley v. Hillyer-Deutsch-Edwards, Inc.

I,E BLANC, J.

Plaintiff, Dennis Whitley, while under the direct employment of one Henry Voth, was cut with an axe on the left knee. The injury, which at first seemed to be trivial, soon developed into an infection which resulted in a very serious condition of ankylosis of the knee. The district judge fixed plaintiff’s disability at 50 per cent., and we are not prepared to say, from the testimony on this point, that his judgment was in error.

Suit was at first instituted by plaintiff through others than his present attorney, against Plenry Voth alone. He obtained a voluntary dismissal of that…