Great Atlantic & Pacific Tea Co. v. Garner

YOUNG, Justice.

Appellee brought suit against the Great Atlantic & Pacific Tea Company for injuries sustained while employed as a checker in one of the local stores of that concern. Appellant, though eligible, did not elect to come under the provisions of the Workmen’s Compensation Act, Vernon’s Ann. Civ. St. art. 8306 et seq.; hence, the action is one at common law, charging negligence of the employer; i. e., a failure to exercise ordinary care in the matter of providing plaintiff Garner with a safe place in which to work.

Following a jury verdict, judgment was rendered against appellant for…