Benson v. North Dakota Workmen's Compensation Bureau

(dissent).

I respectfully dissent for the following reasons:

The cases cited in the majority opinion and the principles of law, as well as the rationale for which they stand, support rather than militate against the validity of § 65-01-02(4)(a)(l), North Dakota Century Code. Section 65-01-02(4)(a) provides as follows:

“ ‘Hazardous employment’ shall mean any employment in which one or more employees are employed regularly in the same business or in or about the establishment except:(1) Agricultural or domestic service: or(2) Any employment of a common carrier by railroad; or(3) Any employment for…