Nelson v. Service Oil Company

Citation238 N.W. 525,121 Neb. 762
Decision Date23 October 1931
Docket Number28002
PartiesJAMES P. NELSON, APPELLEE, v. SERVICE OIL COMPANY ET AL., APPELLANTS
CourtSupreme Court of Nebraska

APPEAL from the district court for Franklin county: J. W. JAMES JUDGE. Affirmed as modified.

AFFIRMED AS MODIFIED.

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.

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.

Prince & Prince, for appellants.

Goldman & Corenman, contra.

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

OPINION

DEAN, J.

This action was brought pursuant to the provisions of the workmen's compensation act. 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.

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 in respect of its fixed price in the sale of gasoline. In the course of the interview an altercation arose and, in the melee which followed, the plaintiff was struck on the side of his head by the station attendant and rendered unconscious for a brief period. The evidence is established that the plaintiff's injury, so inflicted, was such that it necessitated his absence from his employment for a period of about 10 days immediately thereafter.

From his evidence and that of his attending physician and other examining physicians, it appears that the plaintiff suffers from dizzy and fainting spells as a result of the injury, and that he has been unable to continue in his occupation as a truck driver. It is also established that the plaintiff has been subjected to three spinal punctures by his physician in an effort to relieve his condition, and that he has ever since been under the care of a physician. That the plaintiff's condition is the result of the blow he received is clearly established by the evidence. And the requisite fact appears likewise to be established that the plaintiff's injury was incurred in the course of his employment by the defendant Service Oil Company.

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  • Nelson v. Serv. Oil Co.
    • United States
    • Nebraska Supreme Court
    • October 23, 1931
    ...121 Neb. 762238 N.W. 525NELSONv.SERVICE OIL CO. ET AL.No. 28002.Supreme Court of Nebraska.Oct. 23, [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 distric......

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