Babcock v. Dose

The opinion of the court was delivered by This was an action to collect an unpaid award in a workmen's
compensation case under the provisions of G.S. 1949, 44-512a. The
plaintiff appeals from an order sustaining a demurrer to his
petition. Plaintiff commenced the action in district court on July 7,
1955, by the filing of a petition which outlines the facts and
discloses the theory on which he bases his right to relief.
Omitting formal averments of no consequence and the prayer such
pleading reads:

"1. That plaintiff is a resident of and his
post-office address is Weir City, Kansas.

"2. That the defendant, Carl Dose, d/b/a Carl Dose
Motor Sales, is a resident of Pittsburg, Crawford
County, Kansas and the address of his place of
business in Pittsburg, Kansas is 404 North Locust
Street; that said Carl Dose owns and operates a
garage servicing automobiles and sells new and used
automobiles in the operation of his business under
the firm name of Carl Dose Motor Sales.

"3. The plaintiff further states that on the 16th
day of June, 1955, in case No. 19,322 the District
Court of Crawford County, Kansas, Sitting at
Pittsburg, entered and granted a judgment for
compensation including medical expense in favor of
the plaintiff and against the defendant, Carl Dose
d/b/a Carl Dose Motor Sales, and his Workmen's
Compensation Insurance Carrier, Phoenix Indemnity
Company, for accidental injuries that plaintiff had
sustained while working for the said defendant, Carl
Dose d/b/a Carl Dose Motor Sales, for a period of 415
weeks at the rate of $24.96 per week from and after
May 29, 1954, and further ordered in said judgment
that the defendant and his said Workmen's
Compensation Insurance Carrier pay the claimant the
sum of $1,347.84 in weekly compensation then due plus
$650.00 to reimburse plaintiff for his medical
expense paid by him, and the balance of compensation
awarded was ordered to be paid at the rate of $24.96
a week until fully paid; that there have been no
further orders made in said proceedings and the said
judgment of the District Court of Crawford County,
Kansas, is in full force and effect.

"4. Plaintiff further states that on the 21st day
of June, 1955, the defendant, Carl Dose d/b/a Carl
Dose Motor Sales was by the plaintiff served by
registered mail with a written demand for payment of
the unpaid installments of said compensation awarded
and adjudged to Earl R. Babcock, plaintiff herein, by
the District Court of Crawford County, Kansas, then
due and accumulated, which demanded payment was not
complied with by the defendant and his said Workmen's
Compensation Insurance carrier within two weeks after
June 21, 1955. A copy of said demand is attached
hereto and is made a part hereof and is marked
Exhibit `A'.