Metropolitan Casualty Ins. v. Sloss-Sheffield Steel & Iron Co.

BROWN, Justice.

This action is by the insurance carrier as subrogee of the injured workman, who elected to proceed against the employer under the Workman’s Compensation Act, Code 1940, Tit. 26, § 253 et seq., and whose compensation has been ascertained, adjudged and is payable, under said act. The action is against a third person who, as alleged negligently caused the injury, and also subject to said act.

The complaint consists of two counts. Count one avers, in short, that the plain tiff as such insurance carrier has been subrogated to the right of the injured workman who received his injuries…