Esque v. City of Huntington

Litz, Judge:

This is an action in which the plaintiff recovered damages for personal injuries sustained through the negligence of a fellow servant while employed by the defendant in the repair of one of its streets. The action is based upon Section 26 of the workmen’s compensation act, (Chapter 15-P Code), the defendant not having been a subscriber to the compensation fund at the time of the injury. This section provides:

“All employers subject to this act, the State of West Virginia excepted, who shall not have elected to pay into the workmen’s compensation fund the premiums provided by this…