Park Transfer Co. v. Lumbermens Mut. Casualty Co.

EDGERTON, Associate Justice.

This suit grows out of a fatal assault by one workman upon another. The men were employed by different contractors in the construction of a building. Smith was a laborer of the Park Transfer Company. Jett was a steamfitter foreman of the Norair Engineering Corporation. Smith drank water from a pail which belonged to Norair men. Jett shouted “Nigger, stay away from that water bucket.” Smith struck Jett on the head with a six-foot steel pipe and killed him.

Norair’s insurance carrier, appellee Casualty Company, paid workman’s compensation to Jett’s widow and then…