Fowler v. Southern Wire & Iron, Inc.

Hall, Judge.

The defendant contends that, since it has filed an affirmative defense that the plaintiff’s injury was covered by the Workmen’s Compensation Act and on the motion for summary judgment the above quoted stipulation was before the trial court, this court’s former adjudication in this case requires an affirmance of the judgment of the trial court. We must reject this contention. On the former adjudication this court decided as to the corporate defendant, among other things, that the plaintiff’s petition was not, because of its failure to show that the employer and employee had adopted…