Ruth v. Witherspoon-Englar Co.

The opinion of the court was delivered by

Marshall, J.:

The defendant appeals from a judgment rendered against it under the workmen’s compensation act.

This is the second time this case has been before this court. (Ruth v. Witherspoon-Englar Co., 98 Kan. 179, 157 Pac. 403.) The former judgment was in favor of the plaintiff for the same amount as the present one.

The plaintiff pleaded total incapacity caused by the breaking of his right leg while in the defendant’s employ. After the broken bone of the plaintiff’s leg had been set and had healed, his injured leg was two inches shorter than the…