Douglas v. Hartford Accident & Indemnity Co.
Douglas v. Hartford Accident & Indemnity Co.
Opinion of the Court
Appellant appeals from judgment on a jury verdict awarding workmen’s compensation for 74 weeks of partial incapacity, the jury having found no total incapacity. His points are that the findings are contrary to the overwhelming preponderance of the evidence, and they are not supported by the evidence.
The chief contention is that since it is undisputed that appellant sustained an injury by lifting a tray of dishes on the date the jury found partial incapacity began, and since it is undisputed she was hospitalized in pelvic traction during the succeeding ten days, she was totally incapacitated at least for that period; and the jury was not authorized to find otherwise.
There was evidence to show appellant was sent to the hospital by a physician who had treated her for many years; that prior injuries and unrelated physical conditions had .required his treatment of her for back pain such as she complained of on the trial, and for which he had previously prescribed
There was evidence which would have authorized the jury to find a greater extent and duration of incapacity; there was evidence which would have supported lesser findings.
We have examined appellants’ other points with the entire record, and the points are overruled.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.