Sarber v. ætna Life Ins. Co.

RUDKIN, Circuit Judge.

This was an action for deceit. It appears from the original complaint that on July 23, 1923, the plaintiff was an . employee, within'the contemplation and under the provisions of the Workmen’s Compensation Act of the state of California (St. 1913, p. 279, as amended); that on the above date, in the course of his employment, a small fragment of steel penetrated his leg, causing injury thereto; that the defendant, as insurance carrier, took over and assumed the burdens, duties, and obligations imposed on the employer by the Compensation Act; that the plaintiff immediately…