Floyd v. Mitchell

Carson W. Floyd,, an employee of Glamorgan Pipe and Foundry Company, was struck and lulled by a tractor-trailer owned by R. S. Powell, Inc., and operated by Henry L. Mitchell, Powell’s employee. His administratrix applied for and was awarded by the Industrial Commission compensation from Glamorgan for his death under the Workmen’s Compensation Act, Code §§65-1 ff. She also brought this action for damages for wrongful death against Mitchell and his employer, Powell, who filed a special plea asserting that the administratrix was limited to the recovery afforded by the Compensation Act and could…