Smith Ex Rel. McDonnell v. Yellow Cab Co.

Opinion by

Linn, J.,

Appellant (1) denies the constitutionality of section 319 of the Workmen’s Compensation Law of June 2, 1915, P. L. 736, 749, and (2) questions the interpre tation of that section by the court below. The legal plaintiff Smith was employed by the use-plaintiff McDonnell and in the course of his employment was injured by the negligence of appellant, the Yellow Cab Company. The employment was subject to the Workmen’s Compensation Law and Smith received compensation in the sum of $107.60, from his employer’s insurance carrier, also a use-plaintiff. In February, a few weeks after…