McRoberts v. National Zinc Co.

*365The opinion of the court was delivered by

Johnston, C. J.:

This was an action by E. F. Mc-Eoberts, a former employee of the National Zinc Company, to recover from that company for injuries suffered by him in an accident that occurred in the zinc plant which he alleged was the result of a defective appliance. His petition, which contained two counts, set forth, first, the circumstances under which he was injured, the extent of his injuries, the permanence in character of the injuries, the wages which he had been receiving, and then asked for compensation under the workmen’s compensation law.…