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EMPLOYERS MUT. LIABILITY INS. CO. v. De BRUIN

271 Wis. 412 (1955)

EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, Plaintiff and Respondent, vs. DE BRUIN, Defendant and Respondent: NORTHWESTERN NATIONAL CASUALTY COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

December 6, 1955.

Attorney(s) appearing for the Case

For the appellant there was a brief by Benton, Bosser, Fulton, Menn & Nehs of Appleton, and oral argument by David L. Fulton.

For the respondent Employers Mutual Liability Insurance Company there was a brief by Klueter, Larson & Fassino of Wausau, and Toebaas, Hart, Kraege & Jackman of Madison, and oral argument by W. L. Jackman.

For the respondent Thomas De Bruin there was a brief by Van Hoof & Van Hoof of Little Chute, and oral argument by G. H. Van Hoof.

MARTIN, J.

Sec. 102.29 (2), Stats., provides:

"In the case of liability of the employer or insurer to make payment into the state treasury under the provisions of section 102.49 or 102.59, if the injury or death was due to the actionable act, neglect, or default of a third party, the employer or insurer shall have a right of action against such third party for reimbursement for any sum so paid into the state treasury, which right may be enforced either by...

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