Employers Mutual Liability Insurance v. De Bruin

Sec. 102.29 (2), Stats., provides:

“In the case of liability of the employer or insurer to make payment into the state treasury under the provisions of section 102.49 or 102.59, if the injury or death was due to the actionable act, neglect,, or default of a third party, the em-plnver or insurer shall have a right of action against such third oarty for reimbursement for any sum so paid into the state treasurv, which right may be enforced either by joining in the action mentioned in subsection (1), or by independent action. . . .”

Appellant contends first that the liability created by sec. 102.49…