Edwards v. Alhambra Theatre Co.

It is first contended on the part of the appellant that its plea of abatement should have been sustained. The plea in abatement was to the effect that the claim of the plaintiff was under and pursuant to the workmen’s compensation act. It appears that the plaintiff was the proprietor of an attraction or exhibition, and that he traveled about the country exhibiting the same wherever he could secure contracts. The Alhambra Theatre Company paid him $300 for *231the exhibition during a certain period of time. It does not appear that the Alhambra Theatre Company retained any control over him in the…