Walsh v. Myer Hotel Co.

This is a common-law action for damages, brought for the death of the plaintiff’s intestate, who met death by accident while engaged in the performance of his duties pursuant to his employment by the defendant as the operator of a passenger elevator. The suit was dismissed in the circuit court upon the overruling of plaintiff’s demurrer to a plea'which averred that the defendant’s liability was controlled and limited by the provisions of the Workmen’s Compensation Law, Acts 1919, chapter 123. From the judgment of dismissal the plaintiff has appealed to this court.

The declaration avers that at…