KELLY, J.
Defendant Quimby's claim against the third-party tort-feasor was settled before judgment. The settlement agreement provided that any claims of plaintiff-employer were not included in the settlement.
Plaintiff had not intervened in defendant's action against the third-party tort-feasor nor had it started its own action as provided by statute, and the statute of limitations had run against plaintiff at the time of settlement.
Plaintiff commenced...
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