DocketNumber: File No. 73525
Citation Numbers: 15 Conn. Super. Ct. 324, 15 Conn. Supp. 324
Judges: KING, J.
Filed Date: 11/13/1947
Status: Precedential
Modified Date: 1/12/2023
This was a complaint claiming damages for personal injuries claimed to have been sustained because of negligence. The demurrer, although not separated into grounds as it should have been, sets up, in effect (1) that it does not appear that the parties were not under the Workmen's Compensation Act, and (2) that if they were not the plaintiff would be barred by the defense of negligence of a fellow servant.
There is no presumption that an employer has five or more employees so as to bring him under the Compensation Act under General Statutes, § 5227. Indeed, the proper and usual method of raising the question is by a plea to the jurisdiction. Pallanck
v. Donovan,
Paragraphs 7, 8 and 9 of the complaint indicate that concurrent negligence of the master and of the fellow servant is relied upon. To this, the defense of negligence of a fellow servant has never applied. Wilson v. Willimantic Linen Co.,
For the foregoing reasons the demurrer is overruled on both grounds.