Landrum v. Middaugh

It is the contention of the plaintiff in error that, since Middaugh applied to and accepted from the Industrial Commission compensation for his injury, he cannot maintain an action against his foreman to recover damages for the same injury. Landrum urges that, as foreman, he was acting within the course of his employment, and within the scope of his authority when the injury occurred, and that hence he does not hold the same position with reference to liability as if he had been an independent third party not connected with the industry, who willfully or negligently caused the injury. He does…