Muldrow v. Weinstein

Though the plaintiff’s injury was sustained in the course of his employment by the defendants, employers of more than five persons in the same business, the defendants in the manner prescribed by G-.S. 97-4 had exempted themselves from the operation of the Workmen’s Compensation Act. Accordingly plaintiff instituted common law action to recover damages for the injury on the ground of negligence. Under these circumstances the defendants were not permitted to defend on the-ground that the employee was negligent, that he had assumed the risk of injury, or that the injury was due to negligence of…