Kentucky I. Terminal R. Co., Inc. v. Whoberry

Opinion op the Court by

Judge Siler

Reversing.

Allen Whoberry, appellee, a former employee of Louisville Cooperage Company, recovered a personal injury judgment for $3000 against Kentucky and Indiana Terminal Railroad Company, appellant. The latter appeals.

Since Whoberry had already received for this same injury workman’s- compensation benefits in the total amount of $2099.22 from his employer’s insurer, American Mutual Liability Insurance Company, joint appellee herein, the latter is a participant in Whoberry’s judgment to that extent.

Appellant now contends that it was entitled, to a directed…