King v. McCoy Bros. Lumber Co.

HARDY, Judge.

This is a compensation suit by the surviving spouse of Mack King, who was allegedly fatally injured while employed by *78defendant, McCoy Brothers Lumber Company, Inc. The employer’s insurer was joined as a party defendant. An exception of no cause nor right of action and a plea of prescription were interposed by defendants. After the taking of evidence on the exception of no right of action there was judgment sustaining the same and dismissing plaintiff’s suit, from which judgment she prosecutes this appeal.

The exception is based upon the contention that the plaintiff was neither…