Clayton v. Ainsworth

The opinion of the court was delivered by

Rafferty, J.

This is a common law action by servant against master, to recover damages for an injury sustained in the course of the employment, and arising out of that employment. There was no contract or notice removing the relationship from the operation of the Workmen’s Compensation act (R. S. 34:15-9), and hence the case would be controlled by that act unless the employment was casual. R. S. 34:15-36. Plaintiff claimed that it was casual; and this question, and the further question whether the injury was caused in whole or part by some negligent act…