Kelly v. Johnson

The opinion of the court was delivered by

Thiele, J.:

Plaintiff appeals from an order sustaining a demurrer to parts of his petition.

Plaintiff was engaged in the operation of a truck line and had in his employ as a driver one Earl J. Stucky. On October 7, 1936, Stucky, while driving his employer’s truck, had a collision with William Johnson, as a result of which both Stucky and Johnson were *75killed. Kelly’s truck and cargo were destroyed. Kelly and,-„Stucky were under the workmen’s compensation act, and Marcella Stucky, as widow and sole dependent of Stucky, made claim under the act and was…