Ricketts v. Kansas City Stock Yards Co. of Maine

I concur in the result reached in the principal opinion for the reasons which follow.

The contract of employment was entered into in Missouri. The employer, as he had a right to do, elected to reject the Missouri Workmen’s Compensation Act, but as an incident of that rejection it may not assert as a defense that the employee assumed the risk of injury or that injury was caused in any degree by the employee’s negligence. § 287.080, V.A.M.S. See also § 287.110(2), V.A.M.S.; Moles v. Kansas City Stock Yards Company of Maine, Mo.App., 434 S.W.2d 752.

Since plaintiff’s injury occurred in Kansas, the…