Bollinger v. City of Hill City

The opinion of the court was delivered by

Hopkins, J.:

The action was one by the widow, on behalf of herself and three minor children, to recover for the death of her husband, which resulted from an accident in the municipal electric-light plant of the defendant. Trial to a jury resulted in a verdict for $10,000 against the defendant city, and it appeals.

The principal controversy arises over the question as to whether the deceased was “employed” or “laboring” at the electric-light plant.

The testimony showed that the deceased, D. A. Bollinger, had been operating a threshing machine; that the…