Cottrill v. Pinkerton

The ruling on the plea in abatement by the trial court was in accordance with the proper interpretation of sec. 102.29, Stats. 1929. By that section exception is created to the rule of automatic assignment to the employer of a claim for damages arising out of the injury of an employee by the negligence of a third party, where there has been an acceptance of compensation by the employee. This exception is plainly described by the language, “Except in those cases provided for in paragraph (b) of this subsection, the making of a lawful claim against an employer . . . shall operate as an…