Peavy v. C. W. Merydith Contracting Co.

The opinion of the Court was delivered by

Marshall, J.:

Plaintiff seeks to recover under the workmen’s compensation act. Judgment was rendered in favor of the defendant on a demurrer to the petition. The plaintiff appeals.

The petition alleges facts to bring the defendant within the terms of the workmen’s compensation act. The defendant was. engaged in building a hard-surface road near Peck, situated in Sedgwick county. The plaintiff was engaged in hauling brick by team and wagon from the railroad at Peck to the place of construction of the highway. The petition alleges—

“That this plaintiff was…