Thomas v. International Insurance Co.

OPINION

McDONALD, Chief Justice.

This is an appeal by plaintiff Thomas from a take nothing judgment against defendant Insurance Company in a workman’s compensation case.

Plaintiff alleged he sustained a back injury while working for Neuhoff Brothers Packers, Inc., on December 28, 1970, which was a producing cause of total and permanent incapacity. The defense was a general denial, and alternatively that prior conditions, injuries or diseases, compensable and non compensable, solely caused or contributed to any incapacity. Trial was to a jury which found:

1) Plaintiff sustained an injury on…