Walters v. Kaufmann Department Stores, Inc.

Opinion by

Mr. Justice Drew,

Plaintiff, Mrs. Lillian Walters, brought this common-law action to recover damages for injuries caused by the alleged negligence of defendant, Kaufmann Department Stores. The trial judge directed a verdict for defendant on the ground that plaintiff was an employee of defendant at the time the accident occurred, and therefore her sole remedy was under the Workmen’s Compensation Act of June 2, 1915, P. L. 736. The court en banc, however, held that since the testimony developed a dispute of fact as to whether Mrs. Walters was an employee of defendant, the case should…