Indiana Court of Appeals, 1926

Stewart v. Old Knox Mining Co.

Stewart v. Old Knox Mining Co.
Indiana Court of Appeals · Decided December 21, 1926 · Nichols
85 Ind. App. 704

Stewart v. Old Knox Mining Co.

Dissenting Opinion

Dissenting Opinion.

Nichols, J.

I cannot concur in the opinion of the majority in this case. I am still of the opinion that the law should be as expressed in Calumet, etc., Machine Co. v. Mroz (1922), 79 Ind. App. 305, 137 N. E. 627, and in the dissenting opinion of Batman, J., in Calumet, etc., Machine Co. v. Mroz (1923), 80 Ind. App. 619, 141 N. E. 884, in which dissenting opinion, I concurred. I am still fully convinced that when a workman, having previously lost the sight of one eye, loses the sight of the other eye in due course of employment, he should receive compensation for permanent total disability.

Opinion of the Court

Per Curiam.

Judgment affirmed on the authority of Calumet, etc., Machine Co. v. Mroz (1923), 80 Ind. App. 619, 141 N. E. 883.

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