American Mutual Liability Insurance v. State Highway Commission

The opinion of the court was delivered by

Harvey, J.:

This is an appeal from an order sustaining defendant’s demurrer to plaintiff’s petition. Briefly stated, and omitting details, the petition alleged that in April, 1934, one Glenn Calder was in the employ of the Concordia Creamery Company as a truck driver; that both were operating under the workmen’s com.*240pensation act; that plaintiff was the employer’s insurance carrier; that on a date named Calder, while driving a truck for his employer on a state highway, and without contributing negligence on his part, started to drive across a certain…