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Nalbantian v. United States

November 23, 1931

NALBANTIAN
v.
UNITED STATES



Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois.

Author: Evans

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

EVANS, Circuit Judge.

In view of the conclusion we have reached concerning the state of the evidence bearing upon appellant's total disability, it is unnecessary to specifically state or discuss the several errors upon which appellant relied for reversal. At the close of the testimony, appellee moved the court to direct a verdict in its favor. Inasmuch as we believe this motion should have been granted, errors, if any, which appear in the charge were not prejudicial. Likewise, the rulings on the admission or rejection of evidence to which appellant excepted were nonprejudicial, for such evidence did not in the least tend to refute or explain the evidence which conclusively established appellant's disability as partial rather than total.

The evidence which conclusively disproved appellant's asserted total disability was undisputed and irrefutable. The records of the J.I. Case Company of Racine, showing the hours of service and the compensation of appellant for a period of approximately a year and a half following his discharge from military service, were received in evidence, and the correctness of the figures was not questioned. Appellant began working for this company about one week after the date of his discharge. The computations are herewith reproduced:

Work Period Hours Pay

2/3/19 to 2/15/19 29 $71.92

2/16/19 to 2/28/19 116.5 66.14

3/1/19 to 3/15/19 144.5 83.80

3/16/19 to 3/31/19 124 73.58

4/1/19 to 4/15/19 131 76.45

4/16/19 to 4/30/19 133.5 78.23

5/1/19 to 5/15/19 118.5 72.89

5/16/19 to 5/31/19 114.25 ...


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