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WILLIAMS v. SMITH

435 S.W.2d 808 (1968)

Edith WILLIAMS v. Elmer F. SMITH, Mark Shoe Corporation, d/b/a Craig's Red Cross Shoes.

Supreme Court of Tennessee.

December 31, 1968.

Attorney(s) appearing for the Case

John H. Werner, Chattanooga, for appellants; Van Cleave, Hatfield & Werner, Chattanooga, of counsel.

J. Thomas Mann, Chattanooga, for appellees; Bishop, Thomas, Leitner, Mann & Milburn, Chattanooga, of counsel.

OPINION

HUMPHREYS, Justice.

Edith Williams sued Elmer F. Smith, an individual, and Mark Shoe Corporation, d/b/a Craig's Red Cross Shoes, in a common law action for personal injury damages. The defendants filed a plea in abatement alleging plaintiff's exclusive remedy lay under the Workmen's Compensation Act of Tennessee. The plea in abatement was sustained, and plaintiff Williams has appealed.

In her declaration plaintiff alleged that she had worked...

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