Fitzpatrick v. Fidelity & Casualty Co. of New York

Plaintiffs appeal from a judgment entered for the defendants upon the sustaining of demurrers, general and special, to the second amended complaint without leave to amend.

The complaint alleges that on or about October 9, 1931, the deceased, Henry 0. Fitzpatrick, while acting in the course and scope of his employment as a plumber sustained an injury to his back; that at the time of said injury the employer of deceased carried compensation insurance with the defendant casualty company; that the injury occurred at Napa, California, and deceased was there treated by his personal physician who…