Bradbury's Workmen's Compensation And State Insurance Law

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A more serious question arises in relation to claims from injuries caused by third persons. In many such cases the employer would be liable for compensation, although he had nothing to do with the accident. Thus in the case cited of a driver who is injured on the public highway, by the negli- gence of another person, the employer of the driver must pay compensation even though a cause of action may exist in favor of the driver against the person causing the injury.
In the absence of special sta
...tutory provision what would be the effect if the driver should sue such third person and re- cover judgment which he subsequently satisfied also giving a general release to the person who caused the injury? The author has entertained the opinion that in such a case the employer would be discharged from liability for "compensa- tion " on account of that injury. In two cases in New Jersey, however, it was held to the contrary, prior to the amendment of the New Jersey Act in 1913, covering this particular point.

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