Walton v. The Electric Service Company
| Citation | 247 P. 846,121 Kan. 480 |
| Decision Date | 10 July 1926 |
| Docket Number | 26,790 |
| Parties | MYRTLE M. WALTON, Appellant, v. THE ELECTRIC SERVICE COMPANY, Appellee |
| Court | United States State Supreme Court of Kansas |
Decided July, 1926.
Appeal from Ford district court; LITTLETON M. DAY, judge.
Judgment affirmed.
SYLLABUS BY THE COURT.
WORKMEN'S COMPENSATION ACT -- Amount of Compensation -- Part Time to Two Employers, One Not Operating Under Act. Where a workman is employed by a corporation operating under the workmen's compensation law, at the same time is employed by a municipal corporation not operating under the workmen's compensation law, gives a part of his time to each of his employers, and is injured while working for the employer operating under the workmen's compensation law the wages received by the workman from the latter employer only should be taken as the basis for calculating the compensation that should be paid under the workmen's compensation law.
Carl Van Riper, of Dodge City, Vergil E. Willis and O. M. Edmonson, both of Kansas City, Mo., for the appellant.
Arthur C. Scates, Albert W. Watkins, both of Dodge City, O. C. Mosman, Clay C. Rogers, Paul A. Buzard and Don E. Black, all of Kansas City, Mo., for the appellee.
The plaintiff sued to recover under the workmen's compensation law the balance claimed to be due to her for the death of her husband, Ai Walton. Judgment was rendered in favor of the defendant, and the plaintiff appeals.
The defendant was engaged in distributing electricity to a number of cities, including Bucklin, in the southwestern part of the state and employed Ai Walton at Bucklin. In the performance of his duties as an employee, he came in contact with a charged electric wire by which he was killed. The defendant admitted its liability to the plaintiff for $ 1,470, and discounted that sum as provided by law, and paid to the plaintiff $ 1,176 as compensation, the total amount which it claimed the plaintiff could recover. It was stipulated that the plaintiff might bring an action to recover the remainder of the compensation claimed by her.
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