Brooks v. Smith

Plaintiff appealed from judgment that sustained what is denominated an exception of no right of action filed by the defendant; and dismissed his suit as of non-suit. He sued to recover workmen's compensation on the theory that while performing the duties of a contract of hiring with the defendant, he suffered an accident that disabled him totally and permanently to perform manual labor, this being the means by which he earned a livelihood. He alleged: "That on or about February 12, 1946, while petitioner was in the employ of the said Clyde P. Smith at a daily rate of pay of four dollars per…