Sekinoff

Appellant brought suit in the District Court alleging that, while engaged at work as a common laborer for appellee, he received an injury to his left eye, which was occasioned by some foreign substance lodging therein. He alleged that he had in consequence suffered a total loss of sight in his left eye, and that the injury had in turn affected his right eye, causing a decrease of 50 per cent, in his earning capacity. He prayed that damages be awarded to him under the provisions of the Industrial Compensation Act of the Territory of Alaska.

Appellee answered denying all of the material allegations of appellant’s complaint, and the cause proceeded to trial. Upon the conclusion of the taking of testimony on behalf of both parties, the trial judge, on the motion of appellee, instructed the jury to find against the plaintiff. This direction of the court was obeyed, and judgment entered accordingly.

The sole question presented on this appeal is whether there was sufficient evidence in support of appellant’s case to entitle him to have the issues of fact submitted to the jury. Before discussing the law and the evidence which the court had to consider, it will be well to recall to mind…