Dickinson v. Eastern Railroad Builders, Inc.

DUFFY, Justice:

Under the Delaware Workmen’s Compensation Act, an employee injured in an industrial accident has a right to compensation benefits from his employer, but is barred from suing the employer for damages resulting from the accident. 19 Del.C. § 2304. The critical question in this appeal is whether there was an employer-employee relationship between the principal parties. The Superior Court determined that there was and ordered summary judgment for the employer because the employee’s exclusive remedy is under the Compensation Act. We reverse.

I

Benjamin S. Dickinson (plaintiff) is an…