Frank C. Sparks Co. v. Huber Baking Co.

Wolcott, J.,

delivering the opinion of the Court:

The principal question for decision is whether an employer, or the employer’s insurance carrier which has paid compensation under the Workmen’s Compensation Law is subrogated to the rights of an injured employee who has elected to take compensation under the Workmen’s Compensation Law, 19 Del. C. § 2101 et seq.

The facts are briefly as follows:

In the fall of 1948, Frank C. Sparks Company (hereafter referred to as “Sparks”) contracted with Huber Baking Company (hereafter referred to as “Huber”) to construct a cement second floor in a proposed…