Mobley v. Durham Iron Co.

(After stating the foregoing facts.), It is conceded by the defendant in its brief that “the petition is not technically subject to general demurrer on the ground that it appears therefrom that the plaintiff’s remedy for the injury sustained was under the provisions of the Workmen’s Compensation Act.” The facts shown by the petition in this respect are that the plaintiff had been employed by the defendant, and, on the day of his injury, he was to commence work at 2 p. m.; that he arrived on the defendant’s premises at 1:40 or 1:45 p. m., although he was not required by the defendant to arrive…