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POLSTON v. READY MADE HOMES

No. 38,355

171 Kan. 336 (1951)

232 P.2d 446

JAMES K. POLSTON, Appellee, v. READY MADE HOMES, INC., and WEST AMERICAN INSURANCE COMPANY, Appellants.

Supreme Court of Kansas.

Opinion filed June 9, 1951.

Attorney(s) appearing for the Case

Paul L. Wilbert, of Pittsburg, argued the cause, and A.B. Keller, C.A. Burnett, and Randall D. Palmer, all of Pittsburg, were with him on the briefs for the appellants.

Sylvan Bruner and Morris Matuska, both of Pittsburg, argued the cause, and Pete Farabi, of Pittsburg, was with them on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This was a workmen's compensation case. The claimant, James K. Polston, had been employed as a carpenter for about three years by the respondent, Ready Made Homes, Inc., which was building residences in and near Pittsburg, Kansas. He was 58 years of age. On the 28th day of September, 1949, he was laying oak flooring when a nail glanced off his hammer and struck his left eye. Before the examiner of the...

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