Wabash Water & Light Co. v. Home Telephone Co.

Action by appellee for money alleged to be'due from appellant which appellee was required to pay to the heirs of one Frank Elshire who was killed while in the employ of appellee as a line repairman.

A demurrer was sustained to the first paragraph of complaint and overruled to the second. This last ruling of the court and the action of the court in overruling appellant’s motion for a new trial are each assigned as error.

The second paragraph of complaint is in substance as follows: Appellee owns and operates a telephone exchange in the city of Wabash, Indiana, and has its principal office in the…