Shade v. Ash Grove Lime & Portland Cement Co.

Citations

• 92 Kan. 146
• 139 P. 1193
• 1914 Kan. LEXIS 188

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. “Workmen’s Compensation Act” — Both Appellant and Appellee within its Purview. The original workmen’s compensation act (Laws 1911, ch. 218, as amended by Laws 1913, ch. 216) leaves an employee in industries within its purview no other remedy than the one provided by the act, where' neither the employer nor employee has filed a statement of his election not to accept thereunder.</p> <p>2. Same — Petition Drawn under Factory Act — May be Amended to Claim under “Workmen’s Compensation Act.” Where a petition stating a cause of action under the factory act charges negligence, but discloses a situation in which a recovery can only be allowed under the workmen’s compensation acts, the district court having jurisdiction of the parties and subject matter should not dismiss the action but should retain ' it for the remedy to which the plaintiff may prove his right.</p>