United States v. Baxter

Ninth Circuit

United States v. Baxter

62 F.2d 182, 1932 U.S. App. LEXIS 3118

CourtCourt of Appeals for the Ninth Circuit

DecidedDecember 14, 1932

DocketNo. 6859

StatusPublished

Cited by1 cases

This text of 62 F.2d 182 (United States v. Baxter) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Baxter, 62 F.2d 182, 1932 U.S. App. LEXIS 3118 (9th Cir. 1932).

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Opinion

PER CURIAM.

There was substantial evidence to be submitted to the jury on the question of permanent and total disability. Direct evidence that the disability was total and permanent was introduced by the appellee. The fact that the appellee worked for considerable periods and was paid small wages therefor is not sufficient to overturn the effect of the evidence as to the character of the appellee’s disabilities. That labor was performed for only a small part of the day each day in a Soldiers’ Home where, of course, it is tha purpose of the authorities to encourage men to do all that they are able to do, and for long periods was not continuous.

Judgment affirmed.

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PER CURIAM.

There was substantial evidence to be submitted to the jury on the question of permanent and total disability. Direct evidence that the disability was total and permanent was introduced by the appellee. The fact that the appellee worked for considerable periods and was paid small wages therefor is not sufficient to overturn the effect of the evidence as to the character of the appellee’s disabilities. That labor was performed for only a small part of the day each day in a Soldiers’ Home where, of course, it is tha purpose of the authorities to encourage men to do all that they are able to do, and for long periods was not continuous.

Judgment affirmed.

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62 F.2d 182, 1932 U.S. App. LEXIS 3118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-baxter-ca9-1932.

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