Davis v. St. Paul Coal Co.

Appellant (hereafter called plaintiff) brought an action against the appellee, (hereafter referred to as defendant,) plaintiff’s employer, in the circuit court of LaSalle county, to recover damages for a personal injury to plaintiff, alleged to have resulted from the negligence of defendant. The declaration contained two counts and stated a case for a recovery in an action at common law. It contained no

allegation that the parties had elected not to operate.under the Workmen’s Compensation act. Defendant demurred to the declaration, the court sustained the demurrer, and plaintiff asked and was…