Toye v. Browne-McHardy Clinic

SAMUEL, Judge.

This is a suit against an employer and its insurance carrier for workmen’s compensation and, in the alternative, for damages in tort.

The trial court dismissed the suit with a finding that plaintiff was not covered by the compensation act and that her contributory negligence barred her recovery under the tort claim. Plaintiff has appealed.

Plaintiff was employed by the Browne-McHardy Clinic as a receptionist for one of its doctors and was working in that capacity when, on January 6, 1958, she had the accident which forms the basis of her complaint. Her duties consisted of using…