Wilson v. Smith

The parties appear here in the same relative positions as in the trial court and will be designated as there or by name.

The controversy hinges upon the construction of section 366, chapter 97, ’35 C.S.A., which, in so far as here pertinent, provides: “If any employee entitled to compensation under this article be injured * * * by the negligence or wrong of another not in the same employ, such injured employee, * * * shall before filing any claim under this article, elect in writing whether to take compensation under this article or to pursue his remedy against such other. Such elections shall…