State ex rel. Crookston Lumber Company v. District Court of Pennington County
| Decision Date | 04 February 1916 |
| Docket Number | 19,555 - (209) |
| Citation | 156 N.W. 278,132 Minn. 251 |
| Parties | STATE EX REL. CROOKSTON LUMBER COMPANY v. DISTRICT COURT OF PENNINGTON COUNTY AND ANOTHER |
| Court | Minnesota Supreme Court |
Upon the relation of the Crookston Lumber Company this court granted its writ of certiorari directed to the district court for Pennington county and Honorable Andrew Grindeland, one of the judges thereof, to review the judgment in an action in that court under the Workmen's Compensation Act brought by Lewis Svendsgaard against relator to recover compensation for his injuries while in the employ of relator. Affirmed.
Workmen's Compensation Act -- findings.
1. Findings of the trial court in a proceeding under the Workmen's Compensation Act to the effect that claimant was injured while engaged in the work of his employment, and that the employer had actual knowledge thereof, and further that such injury rendered claimant totally disabled with the meaning of the statute, held sustained by the evidence.
Workmen's Compensation Act -- "actual notice."
2. The finding that the employer had "actual notice" of the injury held equivalent to a finding of "actual knowledge" thereof.
R. J Powell and Leslie C. Millar, for relator.
Erling Swenson and Donald G. Hughes, for respondent.
Proceedings under the Workmen's Compensation Act, brought to this court on certiorari after judgment against the employer relator herein.
The only question presented is whether the findings of the trial court in the respects challenged by the assignments of error are sustained by the evidence.
It appears that relator, the employer, is a corporation and at the time in question was engaged in lumbering operations in woods of northern Minnesota. Claimant was in its employ and while engaged in the line of his work received the injury for which he claims compensation. A limb of a tree about which claimant was working fell and struck him on the head. He was rendered unconscious, but was restored and returned to the camp where his head was bandaged by the camp clerk. The trial court found that this injury resulted in permanent total disability and compensation was awarded accordingly. It further appears that no notice of the injury was formally given to the employer as provided for by the statute, within the time therein prescribed or otherwise, but the court found as a fact that the employer had "actual notice" thereof which, if equivalent to actual knowledge, and is sustained by the evidence is, under the statute, of equal force with a formal written notice. The findings of the court upon this question, as well as upon the question of permanent total disability, are challenged as not supported by the evidence. We dispose of the contentions in their order.
1. Claimant received his injury on February 12, 1914. The evidence tends to show that soon thereafter he returned to the camp and informed the camp clerk, an employee of the relator, and was by him treated for the injury. The camp clerk bandaged the injured head, and repeated the same for several days thereafter. Claimant testified that he was laid up for several days, but then returned to work; that because of his injury he was given lighter work, which he continued to perform until early in April when he was provided with a ticket which would admit him to the relator's hospital at Bemidji. He did not however go to the hospital except to call for relator's local physician, who provided him with medicine, and claimant then proceeded to his home. Claimant also testified that the camp foreman knew of his injury and for that reason relieved him from the strain of heavy labor about the camp. The camp clerk and also the foreman, who claimant testified had notice of his injury, were both called as witnesses by relator, and each contradicted the testimony of plaintiff in this...
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