Trumbull Cliffs Furnace Co. v. Shachovsky

The jury found for the plaintiff upon the allegations of the first defense. Since the defendant’s second and third defenses set up compliance upon the part of the owner of the premises and the subcontractor with the Workmen’s Compensation Act, (Gen. Code, Sections 1465-37 to 1465-108), and acceptance of compensation by the plaintiff as a complete defense to the action, raising no question of payment pro tanto, one legal problem only arises herein. This is a question of the interpretation of Section 1465-61 (3), General Code, which reads as follows:

“Every person in the service of any…