Biggs v. Donovan-Corkery Logging Co.

This action is one arising under Rem. Rev. Stat., § 7680 [P. C. § 3473], the workmen’s compensation act, in which it is provided:

“If injury or death result to a workman from the deliberate intention of his employer to produce such injury, or death, the workman, the widow, widower, child or dependent of • the workman shall have the privilege to take under this act, and also have cause of action against the employer, as if this act had not been enacted, for any excess of damages over the amount received or receivable under this act.”

In what amounts to the third amended complaint, it is alleged…