Commissioners of State Insurance v. Sims

This is a motion by the plaintiffs for summary judgment.

On October 8, 1945, the defendant, a laborer, employed by the City of Troy was injured in the course of his employment while riding in one of the city’s trucks which was in collision with another truck owned by one Stirgess. At the time, the City of Troy carried its workmen’s compensation insurance with the State Insurance Fund. The defendant filed claim for compensation benefits, but reserved unto himself the right to pursue his remedy of making claim against the third party Stirgess under subdivision 1 of section 29 of the Workmen’s…