Latimer v. Western MacHinery Exchange

In an action for personal injuries, we find ourselves primarily concerned with the validity of the defense that the injured man had no cause of action'because he was engaged in an extrahazardous occupation and was or could have been under the protection of the Washington workmen’s compensation act, and that the defendant, even if a tort-feasor, was an employer under that act, with all premiums paid. This defense is based upon what is called the immunity provision of the workmen’s compensation act. Rem. Rev. Stat. (Sup.), § 7675 [P.P.C. § 709-1], gives to the workman who is under the act and…