Fern Gold Mining Co. v. Murphy

The defendant in error, in his complaint in the court below, alleged that, while engaged in mining in Alaska as an employé of the plaintiff in error, he received, through an accident occurring in the course of his employment, an injury to his left hip, which resulted in total and permanent disability. He demanded judgment under the Workmen’s Compensation Act of Alaska (Laws 1915, c. 71) for $3,600, less $248.50 which had been paid him. The answer denied that the disability was other than temporary. On the trial, the plaintiff in error introduced no evidence. The jury returned a verdict, finding that as the result of his injuries the defendant in error was totally and permanently disabled and entitled to recover compensation as demanded in his complaint. The plaintiff in error saved no exceptions to the evidence, made no motion for an instructed verdict, took no exception to instructions, and requested none. In this court it claims that the judgment is void as to the amount thereof in excess of $1,800, which it says is the amount allowed under the Compensation Law for the injury described in the complaint under the statute relating to employés partially disabled, which prescribes,…