Murphy v. Continental Casualty Co.

*456The opinion of the court was delivered by

Harvey, J.:

This is an action on an insurance policy issued under the workmen’s compensation law. The employer is not a party defendant. The trial court sustained a demurrer to plaintiff’s petition, and he has appealed.

Briefly, the petition alleges that in January, 1929, plaintiff was a laborer in the employ of W. O. Cook, doing business as the Cook Construction Company; that plaintiff and his employer were operating under the provisions of the workmen’s compensation act; that the defendant herein, the Continental Casualty Company, was the employer’s…