Duncan v. Perry Packing Co.

The opinion of the court was delivered by

Hoci-i, J.:

This was a common-law action against an employer to recover damages for the wrongful death of an employee, the wife of the plaintiff. The case is here on appeal by the plaintiff from an order sustaining the defendants’ demurrer to the petition. The demurrer was sustained on the ground that the injury resulting in death was within the workmen’s compénsation act and that therefore a common-law action for damages would not lie. The controlling question is whether the injury was a “personal injury by accident-arising out of and in the course of…