National Automobile & Casualty Insurance v. Ainge

This is an appeal by the plaintiff from a judgment dismissing the action.

The plaintiff is an insurance carrier. It paid workmen’s compensation to an employee who was injured on March 27, 1942. It seeks reimbursement from the alleged wrongdoer under sections 3850 to 3862 of the Labor Code. It is claimed that the employee was injured by Gilbert Ainge who negligently ran over the employee with an automobile. Gilbert Ainge died on October 27, 1942. Fannie Ainge is sued as executrix of his estate. In a second cause of action directed against her individually - it is alleged that she partly owned…