Kijowski v. Times Publishing Corp.

On August 22, 1936, Henry Kijowski, aged fifteen, was riding in one of defendant’s newspaper trucks, and was injured in a collision. By his father and next friend he brought this tort action for damages for negligence. The .Times Publishing Corporation defended on the theory that at the time of the accident this boy was one of its employees; that it was then operating under the provisions of the Workmen’s Compensation act and that his only remedy is under that act. In its answer appellant stated: “That the said Frank Antker in said amended complaint, and each count thereof mentioned, was at…