Commercial Casualty Insurance v. Dwyer

Action is brought for medical expenses in the treatment of insured’s employee, who was injured by reason of defendant’s negligence, in the sum of $341.50 alleged to be due under section 13 of the Workmen’s Compensation Law (as amd. by Laws of 1927, chap. 553).

Plaintiff insured the Noonan Building Material Co., Inc., against loss by reason of any injury to its employees. On October 16, 1928, an employee, one Herben, was injured on a pier at Harlem river and One Hundred and Fifty-second street, New York, which injury came about as was claimed through the negligence of a third party, James T.…