Shuck v. Hendershot

The opinion of the court was delivered by

Price, J.:

This is a common-law action for damages for personal injury based on alleged negligence of defendants.

The joint demurrer of defendants Hendershot and Singleton, and the separate demurrer of defendant Smith, to the amended petition (hereafter referred to as petition), were overruled. The appeal is from those rulings.

The basic question involved is whether the petition shows on its face that plaintiff’s recovery is confined to the provisions of the workmen’s compensation act.

Despite our reluctance to encumber an opinion with lengthy quotation of…