Scott

In an action brought under the Employers’ Liability Law of Alaska (Laws 1923, c. 98), the question arose whether the plaintiff, who had lost the sight of his left eye in an accident arising out of and in the course of his employment, could recover as for a total disability, he having many years before lost the sight of the other eye. The proof was that he was capable of performing and did perform for his employer the same services and earned the same wages as employés who had the use of both eyes. The court below instructed the jury that, if they found that the plaintiff lost an eye in the course of his employment, having previously lost the sight of his other eye, it would be their duty to find that he was totally and permanently disabled, and return a verdict in accordance therewith. The jury so found, and judgment was rendered as for total and permanent disability.

The plaintiff in error assigns error to that instruction and to the refusal of the court to instruct that the plaintiff could recover no more than the sum provided for the total and permanent loss of one eye, and it contends that recovery could be had only for the damages fixed by the act for the loss of an eye,…