Taylor's Administrator v. Bates & Rogers Construction Co.

Opinion op the Court by

Judge Clay

Affirming.

While -working for the Bates & Rogers Construction Company, Jackson Taylor received injuries from which he died. Thereupon, the Equitable Trust Company of Dover, Kentucky, qualified as his administrator and brought suit to recover damages for his death. A demurrer was sustained to the petition as amended and the petition dismissed. The administrator appeals.

The demurrer was sustained on the ground that the petition as amended showed that both Taylor and the Bates & Rogers Construction Company were operating-under the workmen’s compensation act at the…