Zwaduk v. Morris & Co.

Citations

• 109 Kan. 186
• 197 P. 868
• 1921 Kan. LEXIS 104

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Compensation Act — Right of Trial by Jury — Waiver. Under section 20 of chapter 226 of the Laws of 1917, an act providing for compensation for persons injured in certain industries, the parties to an action for compensation waive the right to a trial by jury where they fail to demand a jury trial within ten days after the issues are joined; but the court may then call a jury to make special findings of fact, and it is not error for the court to refuse to instruct the jury nor to require it to return a general verdict.</p> <p>2. Same — Compensation for Partial Temporary Disability — Question of Fact — Burden of Proof. Under paragraph numbered 19 of section 3 of chapter 226 of the Laws of 1917, the workmen’s compensation act, where an injured workman sustains partial, temporary disability continuing after a period of total disability, evidence must be introduced to prove the wages that he will be able to earn during the period of partial, temporary disability, and the burden of proof is on him to show that fact.</p>