Moushon v. National Garages, Inc.

By his suit in the circuit court of Peoria County, the plaintiff, Raymond Moushon, sought to recover damages for a personal injury caused by the alleged negligence of his employer, National Garages, Inc. But the court allowed the defendant’s motion to dismiss on the ground that section 5(a) of the Workmen’s Compensation Act barred the action. (Ill. Rev. Stat. 1951, chap. 48, par. 138.5.) After the plaintiff elected to stand by his complaint, judgment was entered for the defendant. The appeal comes to this court on the theory that a constitutional question is involved.

The issue is two-fold:…