Jones v. Herbert Equities, Inc.

The court below, in our opinion, was warranted in the finding as fact that the accident did not arise out of and in the course of the employment and was due to negligence on the part of the employer. The employee sued the employer for the personal injuries sustained due to the latter’s negligence and has recovered as damages a larger amount than could be awarded as workmen’s compensation. It is recognized that where the facts clearly bring the case within the purview of the Workmen’s Compensation Law, the employer as well as the employee is entitled to the benefit of the statute. Basically,…