Rowe v. . Rowe-Coward Co.

The first question presented: “Did the filing of a counterclaim in an action at law brought by a third party against the employee bar the employee from later proceeding under the Workmen’s Compensation Act when the judgment on counterclaim was unfavorable to the employee?” We think not, under the facts and circumstances of this case.

N. 0. Code 1931 (Michie), sec. 8081 (r), (Public Laws 1929, ch. 120, sec. 11) in part is as follows: “The rights and remedies herein granted to an employee where be and bis employer have accepted the provisions of this chapter, respectively, to pay and accept…