Fowler v. Baalmann, Inc.

CONKLING, J.-

[ 12] This "Workmen’s Compensation case was first heard and submitted in Division Two [13] of this court. After the filing of an opinion wherein only two of the judges concurred, that division, of its own motion, transferred the cause to the Court en Banc. After reargument before the entire court the divisional opinion was not adopted, and the cause was reassigned for preparation of another opinion. Portions of the divisional opinion are hereinafter used without quotation marks.

Ruby Fowler, a dependent widow, and Kay Fowler, a dependent child, made claim against Baalmann, Inc.,…