Stonecipher v. Winn-Rau Corporation

The opinion of the court was delivered by

Harman, C.:

In this wrongful death action brought by the parents and heirs at law of a deceased employee against the employer the question is ;whether the decedent and the employer were subject to the provisions of the workmen’s compensation act. The district court held they were and plaintiffs have appealed from the dismissal based upon that ruling.

The. dismissal derives from the fact the surviving kin of a deceased workman, whose employer is operating under the workmen’s compensation act, may not maintain a common law action for damages against such…