No specific laws identified for this ruling.
The Missouri Labor and Industrial Relations Commission's award of workers' compensation benefits to employee O'Hara was affirmed; the employer failed to establish the affirmative defense of fraudulent representation regarding prior back injuries.
Appeal from the County Court of Wise. Tried below before the Hon. W. W. Brady. The opinion of this court sets out the charging allegations of the information, italicizing the portion to which the defendant’s exception was sustained. A fine of $20 was the punishment imposed on the appellant by the verdict of the jury. Z. T. Bobo, for the State, testified that on October 20, 1884, he was clerking for W. J. Rogers at Rhorae in Wise county, Texas, and on that day bought for him from D. A. Bridges a bale of cotton weighing five hundred and forty pounds, at eight and a quarter cents per pound. Witness sampled it on the edge, and found it to sample about “ middling.” It was marked D. A. B. in blue ink. Witness put Rogers’s mark on it, and numbered it 110, that being the number purchased upon the order he was then filling. It was thrown off of the wagon to the ground, and lay where it was thrown until about December 13, 1884. Three or four weeks after the bale was bought, Mr. Smith discovered bad cotton in it, and rejected it from the lot. Witness examined it, and dug into the end of it with his cotton hook, and in the centre of it he found rotten cotton, moats and trash. On December 13, 1884, the bale was opened in the presence of the witness and several others. Neither the appellant nor his co-defendants were present when the bale was opened, and witness could not say that any of them ever saw the bale after it was opened. The top and bottom of the bale was cotton like the sample taken from it by the witness when he bought it. In the middle of the bale there were moats, trash, and rotten, soiled and jrellow cotton, mixed together, °and constituting, according to the witness’s estimate, a half or a third of the bale, valueless as cotton. S. Bobo, A. Wilmuth, W. Morris and R. T. Smith, witnesses for the State, testified that they were present when the bale was opened, and examined it. The top, bottom and sides of the bale were lined with good cotton.
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