DeVaul v. Southern Kansas Stage Lines Co.

The opinion of the court was delivered by

Dawson, C. J.:

Plaintiff’s husband, a motorbus mechanic, died by inhaling carbon monoxide fumes emitted from defendants’ interstate motorbus while he was lying beneath the bus and repairing it in defendants’ car shop in Wichita.

Instead of making a claim of compensation under the workmen’s compensation act in behalf of herself and children, plaintiff brought this action for damages, alleging that defendants were engaged in interstate commerce, to wit, the transportation of passengers and freight in and through the states of Kansas, Missouri, Oklahoma and…