Barber v. . Minges

On tbe facts alleged in tbe complaint, is plaintiff's demand witbin tbe exclusive jurisdiction of tbe Industrial Commission under tbe terms of tbe Workmen’s Compensation Act, and ber right to maintain an action under C. S., 160, for tbe wrongful death of ber intestate defeated?

It would seem tbat tbe answer should be in tbe negative unless tbe facts alleged, or reasonable inferences from them, show that-tbe relation of master and servant existed between tbe parties, at tbe time, and with respect to tbe transaction resulting in tbe injury and death; or, in other-words, tbat tbe negligence…