Gehrke v. Weiss

Holt, Justice.

This action was brought by the special administrator of the estate of Carl Gehrke, deceased, to recover damages on the ground that the -wrongful and negligent acts of defendants caused the death. The defense was that defendants as well as Carl Gehrke were under the workmen’s compensation act; that the accident which resulted in his death arose out of and in the course of the employment and the remedy for the death must be sought under the act. When the evidence was all in, the court, Judge Tifft, on motion of defendants, directed a verdict in favor of defendants on the ground…