Claim of Stout v. Prudential Insurance Co. of America

The employer and carrier, asserting that a third party action has been discontinued without the consent of the carrier, appeal from an award to the claimant. His injuries were received on November 11, 1933, when the automobile, which he was driving came in collision with a truck. Shortly after the accident he began a third party action against three persons, but neglected to file an election to sue until about January, 1935. In October of the latter year his attorney wrote the carrier that after investigation he believed that two of the defendants had no interest in the truck and were not…