State Ex Rel. Workmen's Compensation Fund v. E.W. Wylie Co.

*475Grimson, J.

This is a suit for damages brought by the State of North Dakota for the benefit of the Workmen’s Compensation Fund of North Dakota and-Ellsworth La Duke against the E. W. Wylie Company, a foreign corporation, and'Nolly Hull under Sec 65-0109 of the workmen’s compensation act, as amended by Chap 355 SL 1949, which provides:

“When an injury or death for which compensation is payable under the provisions of this title shall have been.sustained under circumstances creating in some person other than the fund a legal liability to pay damages in respect thereto, the injured employee, or…