McMillen v. Ellis
Decision Date | 09 October 1920 |
Docket Number | 22,804 |
Citation | 192 P. 744,107 Kan. 514 |
Parties | MRS. E. W. McMILLEN, Appellee, v. H. I. ELLIS, etc., Appellant |
Court | Kansas Supreme Court |
Decided July, 1920
Appeal from Sedgwick district court, division No. 1; RICHARD E BIRD, judge.
Judgment affirmed.
SYLLABUS BY THE COURT.
WORKMEN'S COMPENSATION ACT--Election by Employer to Come Under Provisions of the Act--Liability. An employer of labor engaged in building work who employs less than five laborers in that work a part of the time, and more than that number the remainder of the time, and who, in writing filed in the office of the secretary of state, elects to come under the provisions of the workmen's compensation law, is liable thereunder for injury to a workman in his employ.
T. A. Noftzger, George W. Cox, both of Wichita, Adrian F. Sherman, Thad B. Landon, and E. H. Henning, all of Kansas City, Mo., for the appellant.
C. A. Matson, and I. H. Stearns, both of Wichita, for the appellee.
The defendant appeals from a judgment against him under the workmen's compensation act. The action was tried without a jury, and the court made special findings of fact as follows:
WICHITA, KANSAS, Apr. 4, 1913.
Per H. I. ELLIS, Pres. & Mgr.
By H. I. ELLIS.
On those findings the court made conclusions of law as follows:
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Span v. Coal & Mining Co.
...of employment. Secs. 44-552, 3, R.S. Kan. 1923; Curran v. Wells Brothers Co., 281 Ill. 615; Double v. Coal Co., 198 Iowa, 1351; McMillen v. Ellis, 107 Kan. 514; Paucher v. Coal Mining Co., 182 Iowa, 1084; Bateman v. Coal Co., 188 Ill. App. 357; Synkus v. Coal Co., 190 Ill. App. 602; State e......
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... ... Secs. 44-552, 3, R. S. Kan ... 1923; Curran v. Wells Brothers Co., 281 Ill. 615; ... Double v. Coal Co., 198 Iowa 1351; McMillen v ... Ellis, 107 Kan. 514; Paucher v. Coal Mining ... Co., 182 Iowa 1084; Bateman v. Coal Co., 188 ... Ill.App. 357; Synkus v. Coal Co., ... ...
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