SHEAHAN v. PLAGGE

No. 50633.

121 N.W.2d 120 (1963)

John P. SHEAHAN, Administrator of the Estate of Herman Kleeman, Deceased, Appellee, v. Dallas PLAGGE, Appellant.

Supreme Court of Iowa.

Rehearing Denied June 11, 1963.


Attorney(s) appearing for the Case

Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for appellant.

Hobson & Cady, Hampton, and Carl Foster, Sheffield, for appellee.


THORNTON, Justice.

I. Defendant states the question on appeal thus: "Whether or not Section 85.1 (3), Code of Iowa (1958) [I.C.A.] bars the right of the plaintiff to recover damages."

This is a common law action between the legal representative of an employee and his employer for damages for a fatal injury received while working under the direction of the employer. If the decedent is not specifically excluded from workmen's compensation plaintiff can not recover...

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