Kamanus. v. E.E. Black, Ltd.

OPINION OF THE COURT BY

STAINBACK, J.

The cause was argued and submitted to the full court. The term of one of the justices, in the interim, having expired and he having left the bench, it was stipulated by all parties that the case be decided and opinion rendered by the two remaining justices.

This is an action by the widow and minor children of one Joseph Kamanu who was employed by the appellee in the construction of the Kalihi tunnel, a job which the appellee had undertaken by contract with the City and County of Honolulu. While Joseph Kamanu was so working on the tunnel as an employee of…