Commissioners of the State Insurance Fund v. City Chemical Corp.

Plaintiffs-appellants, as insurers, paid the workmen’s compensation claim of one Procopiadi and so became subrogated to Procopiadi’s rights against any third person whose wrongdoing had caused Procopiadi’s injuries. As such subrogee, appellants sued respondent City Chemical Corporation. The complaint sounds in negligence. It alleges that Chas. Pfizer & Co., Inc., employer of Procopiadi, bought from respondent City Chemical Corporation two bottles labeled ‘ ‘ Pyruvic Acid C. P.” (chemically pure) which the Pfizer Corporation, to respondent’s knowledge, intended to use as a reactant, that the…