PRICE, Judge.
On May 13, 1960, Thomas Olen Smith, appellee, sustained an injury arising out of and in the course of his employment with appellant. The employee, Smith, on June 29, 1960, brought suit against the third party tortfeasor claiming damages for the injuries he received in the collision, including claim for hospital, medical and surgical expenses. The employer, appellant here, did not intervene in the suit, as provided by Section 312 of Title 26, Code. A...
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