Hamilton Turpentine Co. v. Johnson

If an employer is subject to the Workmen’s Compensation Act and elects not to operate under it, he is not permitted, in any suit at law instituted by an employee subject to the act to recover damages for personal injury or death by accident, to defend any such action upon the ground that the injury was caused by the negligence of a fellow employee. Code § 114-107 specifically makes the Workmen’s Compensation Act inapplicable to “farm laborers.” The question then arisés: was the plaintiff in the case at bar a “farm laborer” under the laws of this State?

The plaintiff’s counsel cites as…