Peski v. Todd & Brown, Inc.

SPARKS, Circuit Judge.

Plaintiff’s decedent was killed in a railway crossing accident when the bus, operated by his employer, in which he was a passenger on his way to work, was struck by a train. His administratrix filed suit against the employer for $10,000 for wrongful death. The action was dismissed on motion of the defendant on the ground that the complaint stated no cause of action inasmuch as the accident occurred in the course of employment, and relief was limited to that afforded by the Workmen’s Compensation Act of Indiana. From this judgment of dismissal plaintiff appeals.

There is…