[DOWNLOAD] "Kandelin v. Lee Moor Contracting Co." by Supreme Court of New York # eBook PDF Kindle ePub Free

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eBook details

• Title: Kandelin v. Lee Moor Contracting Co.
• Author : Supreme Court of New York
• Release Date : January 11, 1933
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

Kandelin sued appellant for damages occasioned by personal injuries due to the negligent operation by appellant of a truck on a New Mexico highway. Later, the Pacific Indemnity Company sued, in the same court, to recover sums of money that company as insurer of appellees employer paid to Kandelin under the compensation laws of California. Upon motion of defendant (appellant), the court consolidated said causes for all purposes including trial and appeal. At the opening of the trial, appellant asked permission to file an amended answer to appellees complaint. Its principal difference from the original answer was that it contained a plea in bar, which, in substance, alleged that the Pacific Indemnity Company had instituted the action against appellant above mentioned, wherein it was claimed that by virtue of a certain policy of compensation insurance it had been obliged to pay to appellee the sum of $950 as workmens compensation insurance, and that appellee was, at the time of the injuries complained of, an employee of the Hickok Manufacturing Company and such employer was insured by the Pacific Indemnity Company under the terms of the Workmens Compensation Act of California (St. Cal. 1917, p. 831, as amended), and appellee was covered by said policy and was injured while in the course of his employment; that appellee made a claim with the Pacific Indemnity Company for workmens compensation insurance and elected to receive the sum of $950 in full settlement of said claim for workmens compensation; that the filing of the claim with the Pacific Indemnity Company by appellee, and the payment of the sum of $950 to him as aforesaid, and his acceptance thereof, constituted an assignment by appellee to Pacific Indemnity Company of his cause of action for personal injuries against appellant; and that, by virtue of such assignment, appellee was barred from asserting any claim or cause of action for personal injuries against the Moor Contracting Company. Appellee thereupon moved the court to vacate the order of consolidation of the two causes, and the court granted the motion. The court thereupon permitted the amended answer to be filed, but, upon motion of plaintiff, struck from it the plea in bar above referred to, and proceeded to trial, which resulted in a verdict in favor of Kandelin upon which judgment was entered in his favor.

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