Shade v. Ash Grove Lime & Portland Cement Co.

The opinion of the court was delivered by

BENSON, J.:

This is an appeal from an order dismissing an action to recover damages for personal injuries on the ground that the plaintiff’s right to recover was governed solely by the workmen’s compensation act. (Laws 1911, ch. 218, as amended by Laws 1918, ch. 216.)

The petition contained averments sufficient for a cause of action under the factory act (Gen. Stat. 1909, §§ 4676-4683) under which it was obviously drawn, but it also contained charges of negligence sufficient to state a cause of action independent of the act.

The motion to dismiss was…