Newbern v. Great Atlantic & Pacific Tea Co.

PARKER, Circuit Judge.

This is an appeal from a judgment sustaining a demurrer to tbe complaint in a personal injury action grounded on negligence. Tbe complaint alleges that the plaintiff was an employee of defendant in one of its stores at Rocky Mount, N. C.; that defendant bad rejected tbe provisions of tbe State Workmen’s Compensation Law (Laws 1929, e. 120), and was therefore liable in damages for any negligence resulting in injury to plaintiff, without the benefit of any of the common-law defenses; and that plaintiff had sustamed injury as a result of the negligence of the defendant.

While…