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Conflict of Laws Keyed to Kay, 11th Ed.
Byrd v. Blue Ridge Rural Electric Cooperative
Citation:
356 U.S. 525, 78 S. Ct. 893, 2 L. Ed. 2D 953 (1958)Facts
Petitioner Byrd was employed as a lineman by R.H. Bouligny, Inc., a construction contractor that held a contract with respondent Blue Ridge Rural Electric Cooperative for building approximately twenty-four miles of new power lines, reconverting eighty-eight miles of existing lines to higher capacities, and constructing two new substations and a breaker station. While connecting power lines to one of the new substations, Byrd sustained serious injuries. Blue Ridge asserted an affirmative defense claiming that because the contracted work was of the kind also performed by Blue Ridge’s own construction and maintenance crews, Byrd had the status of a statutory employee under South Carolina’s Workmen’s Compensation Act and was therefore barred from suing at common law, being limited to statutory compensation benefits as his exclusive remedy.
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