Russell v. Ely & Walker Dry Goods Co.

This is an action under the Missouri Workmen's Compensation Law. It was stipulated that John C. Russell lost his life in an automobile accident in Cooper County, Missouri, on June 9, 1931, while he was in the service of appellant, Ely Walker Dry Goods Company as a traveling salesman and that the accident arose out of and in the course of his employment.

Section 3305, Revised Statutes 1929, provides that the word "employee" as used in the Workmen's Compensation Law "shall not include persons whose average annual earnings exceed $3,600." The Workmen's Compensation Commission in its final award…