Greenberg v. Guiliano

The plaintiff brought this action to recover damages for injuries claimed to have been caused by the negligence of the defendant, his employer, and has appealed from a judgment in favor of the latter. The trial court predicated its judgment upon a special defense to the effect that, as the defendant had five or more employees and the plaintiff’s injuries were within the provisions of the Workmen’s Compensation Act, there was no liability to the plaintiff except under the terms of the act. The correctness of that ruling is the sole question before us.

The act provides that, whenever the…