Consolidated Arizona Smelting Co. v. Gonzales

The 'complaint sets forth that the plaintiff was engaged in working in a shaft of defendant’s mine, and that while so employed by the defendant, he suffered severe personal injuries “by an accident arising out of, and in the course of, his said labor, service and employment, and due to a condition or conditions of such occupation and employment, . . . and while doing and performing manual labor, to wit, timbering within such shaft or mine, *629while so at work, was struck,” etc. The claim of damages in the sum of $15,000 follows.

The defendant interposed demurrers specifying numerous grounds…