Mortimer v. Edgar Zinc Co.

The opinion of the court was delivered by

Marshall, J.:

The defendant appeals from an order overruling its demurrer to the petition of the plaintiff in an action to recover under the workmen’s compensation law.

The defendant argues that the petition is defective in a number of particulars, as follows: That “there is no allegation in the amended petition that the pjaintiff had been prevented from earning wages or compensation in any definite or fixed amount”; that “there is no allegation in the amended petition that compensation has become due and payable in any amount”; that “the plaintiff . . .…