Interstate Casualty Co. v. Wallins Creek Coal Co.

*779Opinion of the Court by

Judge Carroll

Affirming.

The appellee coal company carried employers’ liability insurance in the appellant company. While this policy was in force, and in August, 1912, John Miller, an employe of the coal company, was injured through its negligence in. an accident, and soon thereafter the coal company settled his claim, for damages growing out of the injury by the payment to him of $336, having previously expended in care and attention given him $59.01, making the total amount paid out $395.01. To recover this sum it brought this suit against the casualty company, and the…