Watson v. W. S. Dickey Clay Manufacturing Co.

The opinion of the court was delivered by

Schroeder, J.:

This action was filed in the district court of Crawford County as a common law action to recover damages for personal injuries sustained by the plaintiff. The jury awarded damages of $10,000 against the defendants, W. S. Dickey Clay Manufacturing Company, Inc. and William Schartz. Appeal has been duly perfected by the defendants.

The basic question presented is whether the plaintiff was a statutory employee under K. S. A.'44-503 (a) and is thereby precluded from recovering in a common law action against the Dickey Clay Manufacturing…