Schafer v. Kansas Soya Products Co.

The opinion of the court was delivered by

Schroeder, J.:

This is a wrongful death action (G. S. 1959 Supp., 60-3203) brought by the surviving widow for the benefit of herself and her unborn child pursuant to G. S. 1959 Supp., 44-504, to recover damages arising out of an accident which occurred at the defendant’s place of business (a grain elevator) while the truck driven by her deceased husband was being unloaded. Workmen’s compensation was recovered from the decedent’s general employer, and the trial court sustained a motion to dismiss the action on the ground that the defendant was a special…