United States Fidelity & Guaranty Co. v. R. H. Macy & Co.

SWAN, Circuit Judge.

Mrs. Anna Kuenzli, an employee of Foley Manufacturing Company, hereafter called Foley, was injured by the fall of an elevator in the store of the defendant, R. H. Macy & Co., Inc., hereafter called Macy’s. Foley was insured under a policy issued by the plaintiff pursuant to the Workmen’s Compensation Law of the State of New York. Following the accident the insurance carrier paid the compensation awarded to the injured employee and, as the subrogee of her rights, brought the present action based on negligence against Macy’s. Macy’s defense to the action rested on the ground…