Merchants Mutual Casualty Co. v. Tuttle

The question of whether the administratrix of the estate of Ferguson can maintain an action of tort for negligence against his fellow employee Tuttle, after having received workmen’s compensation for such injuries was raised in the proceedings in the Superior Court and was apparently transferred to this court by the reserved case. Although Merchants raises some question as to whether that issue should be considered at this time “all the facts are before the court and justice and convenience seem to require that this phase of the case be disposed of at this time.” Farm Bureau Ins. Co. v.…