Gomillion v. Union Bridge & Construction Co. of Kansas City

McCORD, Circuit Judge.

James W. Gomillion was fatally injured while in the course of his employment with the Union Bridge and Construction Company of Kansas City, Missouri. Suit was brought by his wife, Mrs. Winnie Gomillion, individually and as next friend of her two minor children,, to recover actual damages of $50,000 and exemplary damages of $100,000.

The defendant’s answer to the petition contained a specific allegation that the plaintiff, appellant, was not entitled to recover actual damages for the reason that the said Union Bridge and Construction Company was a subscriber under the…