Hartford Accident & Indemnity Co. v. Weeks Drug Store

BAUGH, Justice.

Wade Mahan, a minor, by his sister as next friend, sued Weeks Drug Store for damages for personal injuries alleged to have been caused by the negligence of an employee of Weeks Drug Store in March, 1939. He made appellant a party defendant, alleging that it claimed an interest in his cause of action. Appellant answered and by cross action, which was in effect a plea in intervention, set up its claim of sub-rogation to whatever plaintiff might recover against Weeks Drug Store, to the extent of $679.50, which it, as Workmen’s Compensation insurer for plaintiff’s employer,…