Rutherford v. Frost Lumber Industries, Inc.

HARDY, Judge.

This is a compensation suit in which plaintiff claims total and permanent disability resulting from injuries sustained in an accident while in the employ of defendant. After trial there was judgment in favor of plaintiff at the rate of $30 per week for a period not exceeding 300 weeks, from which judgment defendant has appealed. Plaintiff answers the appeal, seeking amendment of the judgment by extending the period of disability to one not exceeding 400 weeks.

The facts of the accident are undisputed. On or about December 12, 1950 plaintiff, who was employed as a mule driver by a…