Gaston v. SAN ORE CONSTRUCTION CO., INC.

The opinion of the court was delivered by

Hatcher, C.:

This was an action for wrongful death of a boy sixteen years of age. The defendant’s motion to dismiss the plaintiffs’ amended petition was sustained and they have appealed.

The over-all question involved is whether the Workmen’s Compensation Act provided an exclusive remedy and precluded the plaintiffs from maintaining an action for wrongful death.

Our review is limited by the facts as alleged in the petition.

The gist of the amended petition was that the plaintiffs were the parents and the sole heirs of Gordon Gaston who was sixteen years of…