Liberty Mutual Insurance v. Canadian Pacific Railroad

Motion is made by defendants in this action, which is brought by plaintiff as a third-party assignee pursuant to the provisions of section 29 of the Workmen’s Compensation Law, to eliminate from the caption and other parts of the pleading certain portions thereof wherein reference is made to the original plaintiffs. The claim of the injured workman, original owner of the claim, the latter having taken compensation and having failed to commence action against the asserted wrongdoer within the period prescribed in the statute, must be deemed automatically assigned under the law to the one “…