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· 12/6/1919

Chicago, Rock Island & Pacific Railway Co. v. Fuller

Citations

  • 105 Kan. 608
  • 186 P. 127
  • 1919 Kan. LEXIS 140

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Workmen’s Compensation Act — New Election Not to Accept it Necessary after its Revision. The workmen’s compensation act of 1913 provided that all employers within its general scope should be presumed to have come within its provisions, unless by reason of an affirmative election to the contrary, expressed by filing a notice with the secretary of state, which should be changed only by a written declaration filed with that officer. In 1917 the act was radically amended, many important changes being made. The section relating to the election by employers was reenacted, with several merely verbal changes and the addition of a clause declaratory of the law as it already existed. Held, that an employer who had given notice in 1913 of an election not to come within the law, was by the new act brought within its operation, in the absence of notice of an election to the contrary given subsequent to its enactment.</p> <p>2. Same — A Minor is Bound by Provisions of Statute. The fact that an employee is a minor does not prevent his being bound by the statute which places employees within the operation of the workmen’s compensation act in the absence of an affirmative election to the contrary.</p>

Judges: Mason

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