Morris v. Transport Insurance Co.

STEPHENSON, Justice.

This is a workmen’s compensation case. Judgment was rendered for plaintiff upon a jury finding that his average daily wage prior to the injury was $30.11. The jury also found total disability for seventeen weeks and four days, and partial disability for 300 weeks, during which time he had a weekly wage earning capacity of $172. Both parties appealed. They will be referred to here as they were in the trial court.

Plaintiff’s first point of error is that the undisputed evidence showed his average daily wage before injury was $34.21 and the trial court should have disregarded…