Martin v. Wyatt Lumber Co.

Plaintiff was employed by defendant as a common laborer to do work at its sawmill at a daily wage of $2.25.

On August 5,’ 1925, while at work, in the course of his employment, he received an injury which produced an inguinal hernia.

Alleging total permanent disability to do any work of a reasonable character, he asked for compensation at 65 per cent of his wages for 400 weeks.

Defendant set up, in answer, two defenses:

1. That plaintiff refused to submit to a surgical operation tendered him, at its own expense, which, it is' alleged, would cure him; and,

2. That plaintiff is not totally disabled.

Th…