Gadberry v. Hutchinson Egg Case Filler Co.

Citations

• 104 Kan. 72
• 177 P. 834
• 1919 Kan. LEXIS 184

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Compensation Act — Personal Injuries — Accident Occurred “on, in or about” the Factory of Defendant. In a case under the workmen’s compensation act it was shown that the factory where the plaintiff was employed was located sixty feet distant from another factory; that between them was maintained a runway across which the employees of both factories took material from one to the other; and that plaintiff while so engaged was accidentally thrown from the runway and injured. Held, that he was injured by an accident arising out of and in the course of his employment on, in or about the factory of the defendant.</p> <p>2. Same — Extent of Plaintiff’s Disability — Finding Construed. The special findings of the jury, that the extent of plaintiff’s disability is “about 50 per cent,” and that he would be able to earn in the future, in some other suitable employment, “about 50 per cent” of his usual wages, are held to be a finding of one-half disability; and where in such a case, the jury by the general verdict awards damages of about 63 per cent, held, that the judgment should be reduced to allow the plaintiff to recover on a basis of one-half disability.</p> <p>3. Same — Judgment—Deductions for Benefits Received. Under the provision of the workmen’s compensation act, that “in fixing the amount of the payment, allowance shall be made for any payment or benefit which the workman may receive from the employer during his period of incapacity” (Gen. Stat. 1915, § 5906), an allowance for hospital charges and medical attendance of a reasonable amount, actually incurred by defendant for the benefit of the workman, was proper {Bundy v. Products Co., 103 Kan. 40, 43, 172 Pac. 1020), and where the defendant has been rendered liable for such expenses, the court is justified in ordering a stay of execution until the charges are paid and the defendant is released from liability.</p>