Hilty

Hilty v. Fairbanks Exploration Co.

Good Law
5 Alaska Fed. 818·82 F.2d 77·1936 U.S. App. LEXIS 2901
United States Court of Appeals for the Ninth CircuitFebruary 24, 1936No. 7760California1,188 words

Opinion

Lead Opinion

Mathews, J.

Appellant brought this action under the Alaska Workmen’s Compensation Act (Comp.Laws Alaska 1933, §§ 2161-2203) to recover of appellee compensation for a personal injury alleged to have been received by appellant in the course of her employment by appellee. Appellee demurred to appellant’s second amended- complaint, on the ground that it did not state facts sufficient, to constitute a cause of action and on the further ground that the action was not commenced within the time limited by law for the commencement of such actions. The District-. Court- sustained the demurrer, and, no. request being made for leave to plead further, thereupon entered judgment dismissing the action. This appeal is from that judgment.

Section 1 of the Alaska Workmen’s Compensation Act-(Comp.Laws Alaska 1933, § 2161) provides: “Any person * * * or corporation employing five or more employees * * * shall be liable to pay compensation, * * • * to each of his, her, their or its employees who receives a personal injury by accident arising out of and in the course of his or her employment. * * * ”

Section 10 of the act (Comp.Laws Alaska 1933, § 2170) provides: “The right to compensation for án injury and the…

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