Cook v. Phillips

The opinion of the court was delivered by

Hetfield, J.

This suit was instituted by an employer, D. Clinton Cook, trading as Consumers Ice Company, and by his insurance carrier, New Jersey Manufacturers’ Casualty Insurance Company, in the alternative, against the appellant, to recover compensation paid an employe of Cook, the action being based on section 23-F of the Workmen’s Compensation act. 2 Comp. Stat., 1924, p. 3885. The case was tried before Judge Oliphant, without a jury, and the parties, for the purpose of this appeal, have stipulated as to the facts proved at the trial, which show…