Riggs v. The Ash Grove Lime & Portland Cement Company
| Decision Date | 08 December 1928 |
| Docket Number | 28,287 |
| Court | Kansas Supreme Court |
| Parties | MARY RIGGS et al., Appellees, v. THE ASH GROVE LIME & PORTLAND CEMENT COMPANY, Appellant |
Decided July, 1928.
Appeal from Neosho district court; SHELBY C. BROWN, judge.
Judgment affirmed.
SYLLABUS BY THE COURT.
WORKMEN'S COMPENSATION ACT--Accident Arising Out of Employment. In an action to recover under the workmen's compensation act (R. S. 44-501 et. seq.) the allegations of the petition considered and held to state a cause of action.
T. R Evans, of Chanute, for the appellant.
F. J. Oyler, of Iola, for the appellees.
The action was one to recover under the workmen's compensation act. (R. S. 44-501 et seq.) A demurrer by the defendant to plaintiff's petition was overruled and the defendant appeals.
The petition alleged substantially that William Riggs, while in the performance of his duties for defendant, covering a period of years, breathed cement dust and gases to such an extent that his lungs were filled, resulting in weakness of the arteries of the heart and especially of the aorta, causing the mucous membrane of the lungs and the arteries surrounding the heart to become diseased and weakened; that while in this condition, as part of his duties, he was compelled to climb a ladder, the exertion of which overtaxed him, and that the arteries of the heart gave way, failed to function and caused instant death.
The defendant contends that there are no facts set out in the petition showing or tending to show that the death of the deceased was due to an accident arising out of his employment; that "there is no time, place or circumstance alleged where the thing called an accident occurred."
It is apparent that the pleader intended to bring himself within the rule announced in Gilliland v. Zinc Co., 112 Kan. 39, 209 P. 658, wherein it was held that where one became overheated and drank ice water which caused congestion of the vascular system and death, the death resulted from an accident within the scope and purpose of the workmen's compensation act; that the workman's death was caused by an accident arising out of and in the course of his employment. Also, within the rule announced in Gilliland v. Cement Co., 104 Kan. 771, 180 P. 793, wherein it was held that where the workman had worked for three years in the sacking department of the cement plant, which was a very dusty place, and up until the time of his death apparently was in good health and spirits, and at the time of his death his employment required him to break large rock with a sledge and shortly after he ate his lunch and while using the sledge to break rock he suffered a pulmonary hemorrhage from which he died, under such facts and...
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