Bambrough v. Bethers

ELLETT, Justice:

The plaintiff appeals from a judgment of dismissal based upon the answers of a jury made in a special verdict. The question involved on this appeal is whether the plaintiff was, or was not, an employee of Bethers at the time he sustained certain injuries; and whether he was, or was not, in the same employment with the defendants.

If the plaintiff was an employee of Bethers, or was engaged in the same employment as was Shimizu, he is entitled to and must accept workmen’s compensation and cannot maintain an action against either of them for negligence in causing his injuries. 1

On…