Employers' Liability Assurance Corp. v. Shell Transportation Corp.

Plaintiff, a compensation insurance carrier, in an

action against a third person, alleged to have been responsible because of negligence for injuries suffered by an employee of plaintiff’s insured, to recover for compensation and medical expenses paid, appeals from an order granting the defendant’s motion to dismiss the complaint, and from the judgment entered thereon. The defendant’s motion was made upon the ground that each of the two causes of action pleaded in the complaint was barred by the three-year Statute of Limitations, duly pleaded, and, therefore, was necessarily made under…