Legal Opinion · Dissent

Micek v. Omaha Steel Works

Nebraska Supreme Court

Decided September 29, 1939No. 30479Published

1DissentEberly, J.

I respectfully dissent from the reversal of the judgment of the district court for the following reasons, viz.: That the remuneration actually received by the claimant in his present employment is made without reference to the actual value of the services for which payments are made, and partakes of the nature of a charity; that the application of the rule announced in Wingate v. Evans Model Laundry, 123 Neb. 844, 244 N. W. 635, under the facts in this case, is unjustified; that the determination of the actual earning power of claimant, as made by the majority opinion, is wholly unsupported…

2Cases cited26 opinions

  1. Hood v. Wyandotte Oil & Fat Co.Michigan Supreme Court · 1935
  2. McGuire v. Phelan-Shirley Co.Nebraska Supreme Court · 1924
  3. Sullivan's CaseMassachusetts Supreme Judicial Court · 1914
  4. Parson v. MurphyNebraska Supreme Court · 1917
  5. Speas v. Boone CountyNebraska Supreme Court · 1929

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