O'Brien v. Lodi

This is a motion to vacate an order discontinuing the above-entitled action so that the parties may be, placed in the position they were in prior to the entry of the order of discontinuance on April 30, 1924. The action was based upon the alleged negligence of the defendant. A settlement was entered into whereby defendant paid to the plaintiff the sum of $300 and in return received a general release. Prior to the time the settlement was entered into plaintiff had notified the State Industrial Board that he, an injured employee, elected to sue a third party and hold his employer, Knickerbocker…