Shade v. Ash Grove Lime & Portland Cement Co.

The opinion of the court was delivered by

Benson, J.:

The first opinion in this case is reported in Shade v. Cement Co., 92 Kan. 146, 139 Pac. 1193, construing provisions of the workmen’s com-, pensation act. (Laws 1911, ch. 218, as amended by Laws 1913, ch. 216.) A rehearing having been allowed, elaborate briefs have been filed by the parties and *258others amici curise. Other cases interpreting the same statute in which opinions are now filed were argued at the sae time. (McRoberts v. Zinc Co., post; Gorrell v. Battelle, post.)

It was held in the former opinion that where the employer and employee…