Jackson v. Marshall

CRAMER, Justice.

• This is an appeal from a judgment based upon an instructed ve'rdict for appellee. Appellant Andrew Jackson, 56 years of age, as plaintiff, sued appellee R. W. Marshall, as defendant, for damages for personal injuries received by him in course of his employment in appellee’s business, conducted by Marshall under the trade name of “Hampton Cleaners.” The parties will be referred to as in the trial court.

Defendant, although eligible, did not carry workman’s compensation insurance; therefore was barred from his usual common law defenses of contributory negligence, assumed risk,…