Western Union Telegraph Co. v. Coker

Mr. Judge S medley

delivered the opinion of the Court.

Respondent Coker brought this action for damages on account of personal injuries suffered by him as an employee' of petitioner, Western Union 'Telegraph Company. As is shown by-the pleadings and the briefs, the case was tried on the theory *192that petitioner had three or more employees, but was, not a subscriber under the Workmen’s Compensation Law. Petitioner therefore is, by the terms of that law, deprived in this action of the defenses of contributory negligence, assumed risk, and negligence of' a fellow employee, but it is necessary to a…