McLain
McLain v. Llewellyn Iron Works
Opinion
Lead Opinion
The sole question involved herein is the sufficiency of the complaint, to which the court overruled a general demurrer interposed by defendant. No answer was filed within the time allowed therefor; whereupon judgment was entered in favor of plaintiff, from which defendant has appealed.
It appears from the amended complaint that at all the times mentioned therein the defendant was a corporation owning and operating certain machinery for the construction and manufacture of structural iron and divers other steel and iron products; that on August 24, 1917, plaintiff was the mother of Walter McLain, who was seventeen years and ten months old, and upon whom, by reason of her husband’s desertion of his family, she was dependent for her living and support; that on said date “the said Walter McLain was in the employ of the defendant corporation, at Torrance, and was then and there actually employed in performing certain work and in rendering certain services allotted to him under the instruction and supervision of a foreman and agent of the said defendant corporation, and while performing said services and work and incidental to his employment he occupied a position and place where he was…