Clark v. Brown

H. T. Kellogg, J.:

The plaintiff was injured by a fall in the course of his employment. His employer, the defendant, had failed to secure compensation for his injured employees, as required by the Workmen’s Compensation Law. Consequently, the plaintiff, exercising the option made available by that law (§ 11), brought this action to recover damages for the injuries he received. ■ The sole issue in the action was the negligence of the defendant. (Workmen’s Compensation Law, § 11.) Upon this issue the jury returned a verdict in favor of the defendant. The verdict was set aside by the trial…