Southern Surety Co. v. Parsons

The opinion of the court was delivered by

Burch, J.:

The action was one by a surety company which, pursuant to policies issued to a contractor, had paid a judgment for compensation rendered against the contractor, to recover the amount of the payment from a subcontractor whose employee was killed. A demurrer to the petition was sustained, and plaintiff appeals.

The board of county commissioners of Saline county let a contract to construct a highway, to Campbell & Lochenmaier, who sublet the work of removing a hedge to William H. Parsons, who in turn employed Walter Parsons. While operating a…