Jackson v. Bituminous Casualty Corp.

McBRIDE, Judge.

Defendant in this direct action appeals from a judgment in plaintiff’s favor for workmen’s compensation at the maximum rate not exceeding 400 weeks, as for total' and permanent disability arising from an accident which befell plaintiff on May 13, 1959, during the scope and course of his *586employment as common laborer with defendant’s assured.

The sole question presented is whether plaintiff, a 27-year-old negro, has carried the burden of establishing his claim by a preponderance of the evidence beyond mere possibility or probability. To answer the question first requires an…