Sillix v. Armour & Co.

*104The opinion of the court was delivered by

Porter, J.:

Plaintiff brought this action to recover damages in the sum of $3000 for injuries alleged to have been caused by the defendant’s negligence at a time when he was in its employ. Almost a year later an amended petition was filed which attempted to set up a cause of action under the compensation law. The prayer for relief was amended to ask compensation in the sum of $2496. The amended petition alleged that the accident was caused by the negligent act of one of defendant’s agents, and that the injury sustained caused the plaintiff mental pain…