Shipley v. Wellwood Silk Throwing Mills

This is a common-law action to recover damages for personal injuries. One of the grounds of demurrer to the declaration, which the trial court sustained, was that the petitioner had waived his right to maintain this suit by making claim for compensation under the Workmen’s Compensation Act. This contention is based upon the following paragraph of the declaration:

"That although the defendant was subject to the terms and provisions of the aforesaid Workmen’s Compensation Act it had failed and neglected to provide compensation insurance, or to file notices with the State Department of its having…