Kelas v. William Ganschow Co.

Mr. Presiding Justice McSurely

delivered the opinion of the court.

By this writ of error plaintiff seeks the reversal of an adverse judgment rendered upon the pleadings in an action brought to recover damages for personal injuries alleged to have been negligently inflicted upon him by defendant.

Four counts of the declaration, were in the usual form of a common-law action of trespass on the case. The other count alleged that plaintiff and his employer, at the time of the injury, were under the Workmen’s Compensation Act, and that the negligent defendant, who was not his employer, had elected not…