Fidelity & Casualty Co. of New York v. Shores

MASSEY, Chief Justice.

On October 16, 1959, we entered judgment réforming and affirming the judg ment of the trial court. After further study of the case on motion for rehearing we have come to the conclusion that we erred in our reasons therefor and to the extent of our previous reformation. The former opinion is hereby withdrawn and the following substituted therefor.

This is a Workmen’s Compensation case. Appellee Owen C. Shores recovered a judgment against appellant Fidelity & Casualty Company of New York for compensation because of a twenty per cent (20%) permanent partial loss of use of…