Neugen v. Associated Chautauqua Co.

KENNEDY, District Judge.

This is a suit in which the appellant as plaintiff in the court below sought to recover damages on account of alleged negligence growing out of her transportation in an automobile owned by the appellee, defendant in the court below.

Issues were joined upon the plaintiff’s amended petition by answer of general denial, alleged assumption of risk and setting lip an affirmative defense that the sole remedy available to the plaintiff for relief was under the Workmen’s Compensation Act of Kansas' (Rev. St. Kan. 1923, 44 — 501 et seq.), the state in which the accident occurred.