Nelson v. Serv. Oil Co.

Citation238 N.W. 525,121 Neb. 762
Decision Date23 October 1931
Docket NumberNo. 28002.,28002.
CourtNebraska Supreme Court

121 Neb. 762
238 N.W. 525


No. 28002.

Supreme Court of Nebraska.

Oct. 23, 1931.

[238 N.W. 525]

Syllabus by the Court.

In an action under the Workmen's Compensation Act, the evidence examined and held, to sustain the findings of the compensation commissioner and the district court that the plaintiff herein incurred an injury to his head in the course of his employment, and that he is entitled to compensation pursuant to the provisions of the Workmen's Compensation Act.

Syllabus by the Court.

A workman may receive, concurrently, compensation for two or more injuries arising out of and in the course of his employment, but the combined concurrent weekly payments, however, may not exceed $15 per week.

Appeal from District Court, Franklin County; James, Judge.

Action under the Workmen's Compensation Act by James P. Nelson against the Service Oil Company and another. Finding of the Compensation Commissioner in favor of the plaintiff was affirmed by the district court, and the defendants appeal.

Modified, and, as modified, affirmed.

[238 N.W. 526]

Prince & Prince, of Grand Island, for appellants.

L. B. Goldman, J. W. McGan, and Goldman & Corenman, all of Omaha, for appellee.

Heard before GOSS, C. J., and ROSE, DEAN, GOOD, EBERLY, DAY, and PAINE, JJ.


This action was brought pursuant to the provisions of the Workmen's Compensation Act (Comp. St. 1929, § 48-101 et seq.). From an adverse finding made by the compensation commissioner against the defendants, namely, the Service Oil Company and the United States Fidelity & Guaranty Company, they appealed to the district court for Franklin county. The finding of the commissioner was there affirmed, with directions that the defendants pay over to James P. Nelson, the plaintiff, $10 a week beginning May 7, 1930, but not to exceed 300 weeks from October 27, 1928, for personal injuries sustained by him while in the employ of the Service Oil Company, and also $200 as attorney's fees. The defendants have appealed.

[1] The record discloses that the plaintiff had been in the employ of the Service Oil Company for a period of five years as an oil truck driver. His average earnings approximated $130 a month. In respect of the merits the plaintiff testified that on October 27, 1928, there was a slight variation in the price for which the Service Oil Company and other oil companies were selling gasoline, and that he was therefore instructed by his employer to interview the Standard Oil station attendant...

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