Schmeling v. F. W. Woolworth Co.

The opinion of the court was delivered by

Hutchison, J.:'

This is an action to recover damages at common law for personal injuries sustained while the plaintiff, as a saleswoman, was in the employ of the defendant at its five- and ten-cent store in Atchison.

The real question involved is whether the defendant was by election operating under the workmen’s compensation law at the time of the accident, it being conceded that the defendant belonged to the nonhazardous class as defined by that law.

The answer admitted the employment of the plaintiff and that it maintained a mercantile business at…