Kirby Lumber Co. v. Consolidated Underwriters

Consolidated Underwriters, who was the insurer of the T. B. Allen Company under the Workmen’s Compensation Law (Vernon’s Ann. Civ. St. 1925, arts. 8306-8309), having paid the award of the Industrial Accident Board to the beneficiaries of Joe Singletary, deceased, an employe of the Allen Company, sued the Kirby Lumber Company, asserting its statutory right of subrogation, alleging that Singletary was killed through the negligence of the Kirby Lumber Company in operating a railroad locomotive over a certain track belonging to the Gulf, Colorado, & Santa Fé Railway Company. The cause was…