Ogino v. Black

The first and second affirmative defenses plead the exclusiveness of the New York State Workmen’s Compensation Law. The third defense alleges that the Workmen’s Compensation Law of North Carolina is exclusive. The statutes of both States are invoked by defendant inasmuch as, until the evidence is adduced at the trial, there is uncertainty concerning whether either or both of said statutes apply. Under the majority opinion of this court the defense based upon the North Carolina Act is allowed *151to stand, whereas the defense based upon the Workmen’s Compensation Act of New York State is being…