Cummings v. McCoy

The opinion of the Court was delivered by

Mr. Justice Baker.

This appeal is from an order of the Circuit Court overruling a demurrer to the complaint. The single question raised by the exceptions is:

Does the complaint show on its face that the plaintiff’s case comes within the provisions of the Workmen’s Compensation Act? Admittedly, if it does, the present action is not maintainable, since the remedies and procedure provided by the Workmen’s Compensation Act, Act July 17, 1935, 39 St. at Large, page 1231 et seq., for cases coming within its terms, are exclusive.

The complaint sets forth certain…