Ocean S. S. Co. v. Lumbermens Mutual Casualty Co.

BYERS, District Judge.

The plaintiff, as the employer of Patrick O’Connor, paid to him, between August 11, 1938, and March 14, 1940, $2,075 wages, and for him, $2,955.88 hospital charges, and medical and surgical services; the total is $5,030.88 and represents compensation payable as employer’s liability to an injured employee.

This sum the plaintiff now seeks to recover from the insurance carrier of Bush Terminal Company, against which O’Con-nor recovered a verdict for $20,000 on March 20, 1940, in a third-party action.

The plaintiff’s cause is statutory, and arises from the provisions of…