Bittle v. Shell Petroleum Corp.

The opinion of the court was delivered by

Dawson, C. J.:

Plaintiff brought this common-law action for damages for injuries sustained through the alleged negligence of defendants. The Shell Petroleum Corporation, defendant, interposed a demurrer to plaintiff’s petition on the assumption that the facts had been so comprehensively stated therein as to make it clear that plaintiff’s right of redress was restricted to the provisions of the workmen’s compensation act. The trial court held otherwise and overruled the demurrer. Hence this appeal.

From the allegations of the petition, which extends to…