Harris v. Southwestern Milling Co.

The opinion of the court was delivered by

Hutchison, J.:

This is an appeal from the ruling of the trial court in sustaining a demurrer to a part of defendant’s answer in a workmen’s compensation case where the answer pleaded and set out at length an unacknowledged release of the workman. The defendant, by leave of court, filed an amended answer, adding reference to the decision in the case of Allen v. Kansas City Fibre Box Co., 122. Kan. 178, 251 Pac. 191, construing R. S. 44-527, and alleged that if the construction given such section in the Allen case above cited is correct then that section…