Sutton v. Metropolitan Casualty Insurance Co. of New York

The opinion of the court was delivered by

Heher, J.

Plaintiff suffered injuries by an accident which arose out of and in the course of his employment. The negli gence of a third person was the proximate cause thereof; and he recovered judgment against the tort feasor for the consequent damages. Meanwhile, the employer’s insurer made disability compensation payments to plaintiff under the Workmen’s Compensation act of 1911 (Pamph. L., p. 134), as amended, totaling $359.36; and, under a mistaken conception of law (see Erie Railroad Co. v. Michelson, 111 N. J. Eq. 541; Cook v. Phillips, 109 N. J.…