Hayes v. Marshall Field & Co.

Plaintiff, Jennie Hayes, brought suit against her employer, Marshall Field and Company, and a fellow employee, Doctor Leonard Mulder, for damages occasioned by injury from a dust particle which lodged in her eye and aggravated by Mulder in attempting to remove the same. From an order dismissing the complaint on the ground that plaintiff’s common-law right of action was superseded by the Illinois Workmen’s Compensation Act, plaintiff appeals.

The material facts, set forth in the complaint and the affidavits pro and eon on the motions to dismiss the complaint, establish that on December 20,…