Raymond Nitzel and United States Fidelity and Guaranty Company v. The Austin Company

LEWIS, Circuit Judge.

Appeal is taken from a judgment of no cause of action entered upon the verdict of a jury in an action by plaintiffs against defendant for damages occasioned by personal injuries allegedly suffered by plaintiff Nitzel as a result of defendant’s negligence. The parties will be referred to as they appeared in the District Court for the District of Colorado. The United States Fidelity and Guaranty Company, compensation insurer of plaintiff Nitzel’s employer, has paid to the individual plaintiff in excess of $10,000 in workmen’s compensation benefits and is joined as party…