United States Fidelity & Guaranty Co. v. Higdon

This appeal involves the question of who is entitled to the proceeds of a settlement of a claim against a third *389party tort feasor under Section 30 of the Workmen’s Compensation Act (Section 6998-36, Mississippi Code of 1942).

The facts, which are not in dispute, are as follows: On September 28, 1956, John Nixon, an employee of Belle-wood Gin Company, Inc., was accidentally killed while in the course of his employment as the result of a third party’s negligence. On October 3,1956, the United States Fidelity and Guaranty Company, insurance carrier for the employer, asked for a hearing before the…