McMillan v. Notre Dame Residence Club, Inc.

This is an action to recover for personal injuries. Defendant, plaintiff’s employer, at the opening of the trial, moved to dismiss the complaint on the ground that the accident arose out of and in the course of plaintiff’s employment and that plaintiff’s sole remedy was under the Workmen’s Compensation Law. In its answer the defendant has pleaded the same matter as an affirmative defense.

The salient facts are not in dispute. On February 7, 1961, plaintiff, employed as a maid by defendant residence club, finished her tour of duty shortly after 4:00 p.m., changed into her street clothes,…