Dakota Central Telephone Co. v. Mitchell Power Co.

Appeal from an order sustaining a demurrer to the complaint. The salient facts disclosed by the complaint are that plaintiff’s employe,. Weber, while in the discharge óf his duties on June 16, 1921, was instantly killed by an electric current caused by the negligent construction of defendant’s power line over and across the telephone lines of plaintiff; that plaintiff and its said employe were operating under the Workmen’s Compensation Law (Rev. Code 1919, §§ 9436-9491) ; that a claim for compensation was made, and an award of $3,010 granted, under said law to the widow and child of said…