Baughman v. Grand Trunk Western Railroad

Plaintiff sustained a compensable injury September 23, 1926, while in the employ of the defendant railway company. A settlement was arrived at between the parties and on April 5, 1927, defendant railway company had paid plain-tiff $326.67. These payments were made under the mistaken theory that the facts were covered by the Federal employers’ liability act (45 IJSCA, § 51 et seq.).

Plaintiff filed a petition for compensation with the department of labor and industry and on August 2, 1934, the department granted plaintiff an award of $14 per week as of September 24, 19'26, for total disability.…