Mull v. Aetna Casualty & Surety Company

Jordan, Presiding Judge.

This is an action by an employee’s widow against a workmen’s compensation carrier and its agent for the wrongful death of the employee resulting from the alleged negligence of the defendants in inspecting the machinery of the employer and failing to warn employees of the dangerous condition of a machine. The employee’s death is shown by the allegations to be compensable under the workmen’s compensation law. The trial court sustained the defendants’ motion to dismiss the complaint as failing to state a claim upon which relief can be granted.

Under the circumstances…