Thornton v. E. I. Du Pont De Nemours & Co.

O’NIELL, Chief Justice.

This is a suit for compensation under the Employers’ Liability Act. The suit is brought against the employer alone, who does not carry employers’ liability insurance. The defendant, without answering the petition, filed a plea of prematurity and an exception of no cause or right of action. The judge of the district court maintained both the plea of prematurity and the exception of no cause or right of action, on the face of the pleadings, and dismissed the suit at the plaintiff’s cost. The Court of .Appeal for the First Circuit affirmed the judgment maintaining the plea…