Calumet & Arizona Mining Co. v. Chambers

The plaintiff expressly alleges in his complaint “that this action is brought under the provisions *57of title 14, chapter 6, Civil'Code of Arizona of 1913.” Consequently, he is precluded by such election of remedy from a recovery other than permissible under said employers’ liability law. The sufficiency of his complaint to state facts constituting a cause of .action given by such statute must be tested with reference to the requirements of said statute, and the proof must support the complaint both as to the facts authorizing a recovery and as to the amount of damages recovered.

The defendant…