Bailey v. St. Paul Fire & Marine Insurance Co.

In my judgment, the majority herein have awarded compensation for total permanent disability, notwithstanding the failure of plaintiff to prove her cause by that preponderance of evidence which the law requires.

The only experts called by plaintiff, namely Doctors Means and Jackson, both conducted thorough physical examinations of plaintiff, and neither found the slightest objective symptom to substantiate plaintiff’s complaints of pain. The testimony of both experts establishes beyond doubt, as is evidently admitted by the majority, that the diagnoses of disability are predicated entirely…