HALL, Chief Justice.
This is an appeal from a summary judgment entered by the District Court of Cass County against appellant. The record discloses that one H. R. Foster, an alleged employee of M. L. Felker, Sr., and M. L. Felker, Jr., doing business as Felker Lumber Company, claimed accidental injury on September 19, 1949, while in the course of his employment with said Company.
On March 3, 1950, Foster sued the Felkers in a common-law action for damages...
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