Goldschmidt v. Pevely Dairy Co.

This is an action by the widow, minor children, the employer and its insurer, against third parties (under the Workmen's Compensation Law) to recover $10,000 for the death of Henry C. Goldschmidt. A demurrer to a second amended petition was sustained and this appeal followed. It appears from the second amended petition that Henry C. Goldschmidt, on April 8, 1934, was in the employ of plaintiff, Donnell Milk Company, as a truck driver, and that he and his employer were under the Workmen's Compensation Act; that plaintiff, United States Casualty Company, was the insurer; that on said date the…