Carter v. Associated Petroleum Carriers

Stukes, Chief Justice.

The facts of this case are stated in the opinion of Mr. Justice Taylor, with the result of which I regret that I cannot agree. It is a hard case, hard on the claimant, but following the old adage, a hard case must not be permitted to make bad law.

Section 72-109 of the Code, which follows, prescribes the method by which an exempt employer, such as that here, may subject himself to the terms of the Workmen’s Compensation Law:

“72-109. Employers exempted may waive exemption. Any person employing employees in the State and exempted from the mandatory provisions of this Title…