Sturkie v. Bottoms

The two questions involved in this ease are (1) whether the injured employee is judicially estopped from maintaining this workmen’s compensation suit and (2) if so, whether the employer, Sturkie, is entitled to credit for the amount received by the employee, Bottoms, in a common law action based on tort, such payment having* been received under Bottoms’ covenant not to sue.

Petitioner, Bottoms, and a man named Peacher were both employed by plaintiff-in-error, Sturkie, whose business came within the terms of the Workmen’s Compensation Law, T.C.A. sec. 50-901 et seq. On the occasion in question…