Fabricius v. Montgomery Elevator Company

— This is the second interlocutory appeal in this case. The first involved procedure. Fabricius v. Montgomery Elevator Co., 253 Iowa 860, 114 N.W.2d 297.

This appeal is from an order of the trial court overruling defendant’s motion to dismiss plaintiff’s petition. The question presented is one of first impression in this court.

Plaintiff is the executrix of the estate of a fatally injured employee, injured in the course of his employment. Defendant Indemnity Insurance Company of North America is the workmen’s compensation carrier for the decedent’s employer. This defendant is the only defendant…