Penton v. Kaiser Aluminum & Chemical Corp.

YARRUT, Judge.

Plaintiff appeals from a judgment of the District Court dismissing his claim for workmen’s compensation on an exception of no cause of action, without any pleading amendment or formal trial on the merits. In his petition Plaintiff alleged, inter alia, that on or about June 7, 1957, he was employed by Kaiser Aluminum & Chemical Corp. as an aluminum worker; that his employment necessitated his working in close proximity to dangerous electrical and mechanical equipment and that the aforesaid duties were part of the regular trade, business, or occupation of Employer; that for…