Employers' Liability Assurance Corp. v. Wagner

The plaintiff, an insurance carrier, sues by reason of being subrogated under the Workmen’s Compensation Law to a cause of action in favor of a widow for the alleged wrongful death of her husband, caused by falling down an elevator shaft in a building owned by the defendant. The widow, as sole beneficiary surviving, elected to take under the Workmen’s Compensation Law and received a due award.

Upon a former appeal from a judgment in favor of the defendant, this court reversed and ordered a new trial because the learned trial court had sent to the jury only an issue of negligence predicated…