Riggs ex rel. Riggs v. Ash Grove Lime & Portland Cement Co.

•The opinion of the court was delivered by

Harvey, J.:

This is an action by the dependents of a deceased workman to recover compensation under the workmen’s compensation act. (R. S. 44-501 et seq.) The case, was brought to this court on a demurrer to the petition (Riggs v. Ash Grove L. & P. C. Co., 127 Kan. 91, 272 Pac. 153), where it was held that the petition contained allegations stating a cause of action. The case was tried to a jury in November, 1929, resulting in a verdict for plaintiffs. Defendant’s motion for a new trial was sustained December 21, 1929, and the case was tried to a jury…