Transamerican Freight Lines, Inc. v. Quimby

Defendant Quimby’s claim against the third-party tort-feasor was settled before judgment. The settlement agreement provided that any claims of plaintiff-employer were not included in the settlement.

Plaintiff had not intervened in defendant’s action against the third-party tort-feasor nor had it started its own action as provided by statute, and the statute of limitations had run against plaintiff at the time of settlement.

Plaintiff commenced action to recover the moneys plaintiff had paid defendant under the workmen’s compensation law prior to defendant’s settlement with the third-party…