Fidelity & Casualty Co. of New York v. Huse & Carleton, Inc.

This action of tort was begun on July 5, 1916, by an insurer under the workmen’s compensation act, who had paid under that act compensation for the death of an employee of a subscriber, to enforce liability for such death against the defendant, a person other than the subscribing employer. St. 1911, c. 751, Part III, § 15, as amended by St. 1913, c. 448, § 1. See now G. L. c. 152, § .15. The alleged liability of such- third person thus sought to be enforced was that established by St. 1907, c. 375, whereby one, who, by his own negligence or by that of his servant or agent while engaged in his…