BURKHARDT v. STATE

No. 7289.

53 N.W.2d 394 (1952)

BURKHARDT v. STATE et al.

Supreme Court of North Dakota.

May 1, 1952.


Attorney(s) appearing for the Case

Floyd B. Sperry, Golden Valley, and Hyland & Foster, Bismarck, for appellant.

E. T. Christianson, Atty. Gen., and Paul M. Sand, Asst. Atty. Gen., for respondent State of North Dakota, doing business as Workmen's Compensation Bureau.

Mackoff, Kellogg, Muggli & Kirby, Dickinson, for John Schmidt.

Strutz, Jansonius & Fleck, Bismarck, for respondent Val Messer.


GRIMSON, Judge.

Rudolph Burkhardt died from injuries received in a fall from the roof of a barn which he was helping to construct on the farm of John Schmidt near Richardton, North Dakota. The plaintiff is his widow. It is claimed on her behalf that the deceased was at the time an employee of Val Messer, an independent contractor, building the barn. Messer, however, had not complied with the North Dakota Workmen's Compensation Act. Instead of bringing suit against...

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