Neff v. Baiotto Coal Co.

VAN OSDOL, C.

[ 578] Action for $25,000 damages for personal injury. The trial court sustained defendant’s motion challenging the court’s jurisdiction, and dismissed plaintiff’s action. The court found that plaintiff had elected to recover compensation under the Workmen’s [579] Compensation Law (Chapter 29, R. S. 1939, as amended; Section 3689 R. S. 1939 et seq., Mo. R. S. A. § 3689 et seq.); and that the court did not have jurisdiction of plaintiff’s claim. Plaintiff has appealed. Defendant’s motion was in part supported by evidence, but the material facts were not controverted.

Plaintiff was…