Redfern v. Eby

The opinion of the court was delivered by

Marshall, J.:

In this action the plaintiff seeks to recover under the workmen’s compensation act. The city of Anthony demurred to the plaintiff’s petition; that demurrer was sustained, and the plaintiff appeals.

The petition alleged, in substance, that the plaintiff was employed by E. M. Eby, a contractor who was building a sewer system for the city of Anthony; that while the plaintiff was working for Eby in the construction of the sewer system, a ditch caved in and buried a number of other workmen; that the plaintiff was directed by the foreman in…