Hoffman v. Cudahy Packing Co.

The opinion of the court was delivered by

Hoch, J.:

This was a common law action to recover damages for personal injuries. The defendant company appeals from an order striking out parts of its answer.

The question presented is, whether under the allegations of fact stricken from the answer, the plaintiff’s injury was compensable, from the defendant, under the workmen’s compensation act. If so compensable, such remedy was exclusive and a common law action for damages founded on negligence would not lie (Bailey v. Mosby Hotel Co., 160 Kan. 258, 160 P. 2d 701, and cases cited on page 259).

The…