Wise v. Morgan-Mack Motor Co.

The opinion of the court was delivered by

Wedell, J.:

This action was instituted jointly by George J. Wise, an employee of Parker Buick Company, it being subject to the provisions of the workmen’s compensation act, and by The Phoenix Indemnity Company, the employer’s insurance carrier, to recover damages for personal injuries from three parties, an alleged tortfeasor, his employer and the latter’s liability insurance carrier.

The action has not been tried. All defendants appeal from the orders overruling (1) their joint motion to dismiss the action; and (2) their joint demurrer to the petition.

A…