Loud v. Sears, Roebuck & Co.

DIXON, Chief Justice.

This is a suit for damages for personal injuries. Appellant Loud as plaintiff instituted the suit against two defendants, Sears, Roebuck & Company, hereinafter called the Company, and the Company’s building superintendent Ray C. Arthur, Jr., hereinafter called Arthur. The trial court sustained a motion for summary judgment in favor of the defendants. Plaintiff appealed.

It is undisputed that the Company had more than three employees, but was not a subscriber under the Workmen’s Compensation Act. So the defenses of contributory negligence, assumed risk, and fellow servant…