Opinion

Mullen v. Mitchell

  • 81 Okla. 201
  • 197 P. 171
  • 1921 OK 129
  • 1921 Okla. LEXIS 126
Court
Supreme Court of Oklahoma
Filed
Apr 12, 1921
Status
Published
Author
Nicholson
On the bench
Nicholson, Harrison, Pitohford, Mc-Neill, Elting
Cited by
6 cases
Authority
More cited than 95.8%

The opinion

NICHOLSON, J.

This suit was instituted in this court by the petitioner, seeking a reversal of an order of the State Industrial Commission, awarding to the respondent James L. Mitchell compensation computed from April 11, 1920, at the rate of $18 per week for a period of 100 weeks, or until the total of $1,800 had been paid, for the loss of one eye while in the employ of the petitioner.

The petitioner has failed to file brief' as required ‘by rule 7 of this court (47 Okla. VI), and no reason is given for his failure to file the same, and for this reason the appeal should be dismissed under the authority of Blanlot v. Carbon Coal Co., 76 Okla. 16 , 183 Pac. 880 .

Furthermore, the petitioner contends that the evidence is insufficient to show that the respondent Mitchell, suffered the loss of an eye. The commission found as a fact that he did suffer such loss, and its decision on all questions of fact is final. Section 10, ch. 14, Sess. Laws 1919; Board of Com’rs of Cleveland Co. v. Barr et al., 68 Oklahoma, 173 Pac. 206 ; Choctaw Portland Cement Co. v. Lamb et al., 79 Okla. 109 , 189 Pac. 750 ; Stephenson v. State Industrial Commission et al., 79 Okla. 228 , 192 Pac. 580 ; Raulerson v. State Industrial Commission, 76 Okla. 8 , 183 Pac. 880 .

Therefore, this suit is hereby dismissed.

HARRISON, C. J., and PITOHFORD, MC-NEILL, and ELTING, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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