Baker v. Matthews

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. Memorandum: The motion to strike out the affirmative defense that the accident arose out of and in the course of the employment of the plaintiff by the defendant-appellant Byroads and that a proceeding under the Workmen’s Compensation Law was the plaintiff’s exclusive remedy, should have been denied. The motion was made on the ground that the defense was barred by a prior adjudication by the Workmen’s Compensation Board to the effect that the accident had not occurred in the course of the plaintiff’s…