Schraeder v. Sisters of St. Joseph

The opinion of the court was delivered by

Wertz, J.:

This was an action to recover damages for personal injuries sustained by plaintiff (appellee) due to the alleged negligence of the defendant (appellant).

To the petition as amended, defendant directed a motion to dismiss on the sole ground that plaintiff had no legal capacity to sue. Defendant asserted in its motion that plaintiff, in a proceeding against his employer (not this defendant) under the workmen’s compensation act, had been awarded compensation for the same injuries, and inasmuch as plaintiff failed to bring this action within the…