Walls v. Edgar Zinc Co.

The opinion of the court was delivered by

Mason, J.:

H. C. Walls recovered a judgment against the Edgar Zinc Company under the workmen’s compensation act, by reason of an injury alleged to have been received October 30, 1920, and the defendant appeals.

A former action was begun for the same relief and dismissed on motion of the plaintiff. In that action no jury was demanded. In this case a jury trial was had at the instance of the plaintiff. The statute provides that “the right to trial by jury shall be deemed waived and the case tried by the court without a jury, unless either party shall…