Nelson v. London Guarantee & Accident Co.

This is an appeal from a judgment in favor of defendant after an order' of the trial court sustaining its demurrer to plaintiff’s complaint without leave to amend.

The allegations of the complaint are that on the twelfth day of May, 1914, plaintiff’s husband, during the course of his employment as a stevedore for the Matson Navigation Company, was killed while loading a vessel of that company in the port of San Francisco; that his average weekly wage at that time was twenty dollars, and that plaintiff was his sole dependent. It is also alleged that prior to that time the defendant had entered into an agreement with the Mat-son Navigation Company, -promising to pay to the dependents of employees of that company all sums of money due under the “Workmen’s Compensation, Insurance and Safety Act’’ arising out of personal injuries, including death, sustained by such employees in the course of their employment. That for a period of twenty weeks subsequent to May 12, 1914, defendant paid to plaintiff the sum of thirteen dollars a week, or a total of $260, and that on the thirtieth day of September, 1914, plaintiff and defendant entered into an agreement in writing respecting the further…