Williams v. Cities Service Gas Co.

The opinion of the court was delivered by.

Hutchison, J.:

The appeal in this case is by the principal from an award by the commissioner confirmed by the district court under the workmen’s compensation law, and the main question involved is whether the act permits a recovery of compensation from the principal by an employee of the contractor after such employee has proceeded only against the contractor and obtained an award against him and received compensation thereunder for a considerable length of time. '

Appellant stresses the word “instead” in subdivision (c) of R. S. 1931 Supp. 44-503,…