Marlow v. Goodyear Tire & Rubber Co.

We can well appreciate the appellee’s vigorous support of the reasoning of the Court of Appeals. If negligence of an employer is to cast the balance in favor of coverage under the Workmen’s Compensation Act, he will have the best of both worlds. When an injury is occasioned by his default, he is shielded from heavy potential liability at common law. When, on the other hand, an injury occurs in the absence of his failure of a common-law duty, his experience rate is unaffected. We cannot approve this novel doctrine and, therefore, reverse.

Perhaps it deserves repeating here that the adoption of…