Osby v. Tarlton

Action for personal injury to plaintiff Osby. Yerdict and judgment went for plaintiffs for $10,000, and unsuccessful in motion for a new trial, defendant appealed. Osby was, when injured, employed by plaintiff, Westinghouse Electric & Manufacturing Company, which company and Osby were under the Workmen’s Compensation Act. Osby was awarded compensation and he and his employer join in this cause to recover, under Section 3309, Revised Statutes 1929, against the defendant, a third party and the alleged wrongdoer.

Plaintiff Osby was injured by a trailer, drawn by a tractor, being operated at the…