State, Ex Rel. v. Indus. Comm.

The relator's motion presents two questions. The first involves the materiality of the two issues of fact presented by the answer. In other words, is it necessary for this court to determine whether the municipality violated a specific requirement, and, if so, whether such violation caused decedent's death? An examination of the relator's prayer clearly indicates that this must be answered in the negative. The relator does not ask this court to decide these questions of fact; she asks merely that the court direct the respondent, Industrial Commission, to hear and determine them. Therefore,…