Horwath v. Edward G. Budd Mfg. Co.

Opinion by

Cunningham, J.

The underlying facts in this workmen’s compensation case are not in dispute; the controversy relates to the inferences deducible from them.

Claimant, apparently a healthy man forty-nine years of age, while in the course of his employment as a machinist with the Edward G. Budd Manufacturing Company, on August 23, 1935, suffered an accidental injury to his left foot when a heavy mallet fell upon it.

The injury is described in the testimony as a “fracture of the distal head of the second and third metatarsal bones.”

An open agreement for payment of compensation for total…