Sayers v. Ralston Tree Service

This is a common-law action brought against a third party tort-feasor to recover damages for personal injury *435suffered by an employee of the city of Haverhill in consequence of which the city paid the employee workmen’s compensation pursuant to the Massachusetts Workmen’s Compensation Law. Mass. G. L., c. 152. Section 15 of the statute provides in part as follows: “When the injury for which compensation is payable was caused under circumstances creating a legal liability in some person other than the insured to pay damages in respect thereof, the employee may at his option proceed either at…