Moeser v. Shunk

The.opinion of the court was delivered by

Harvey, J.:

This is an action for damages by the widow and sole dependent for the death of her husband, alleged to have been caused by the negligence of defendant. The court overruled plaintiff’s demurrer to the fifth paragraph of defendant’s answer and plaintiff has appealed.

The circumstances giving rise to the controversy are as follows: Frank Moeser was in the employ of William D. Hamilton, doing-business as the William D. Hamilton Sign Company, and operating-under the workmen’s compensation act. Moeser, while riding in a truck of his employer’s, was…