Fidelity Union Casualty Co. v. Texas Power & Light Co. (35 S.W.2d 782, 1931)

JONES, O. J.

This appeal involves the question as to whether the cause of action created by section 6a of article 8307,, R. S. 1925, in favor of a compensation carrier against a negligent third party, inflicting an, in jury upon an employee protected by compensation insurance, can be maintained -against a plea of limitation, when more than two years had elapsed from the date of the injury before the institution of such suit, though same was instituted within two years after final judgment was entered in the employee’s suit against such compensation carrier. The following are the necessary facts:

Appellant Riley was an employee of Pevito Brothers at Sherman, Tex., and appellant Fidelity Union Casualty Company was the carrier of their workmen’s compensation insurance. On November 9, 1927,' Riley, an employee of Pevito Brothers, received personal injuries while working in the scope of his em-. ployment, through the negligence of appellee, Texas Power & Light Company. Appellant Riley will be referred to by name, appellant Fidelity Union Casualty Company as casualty company, and the Texas Power & Light Company as appellee. After complying with all necessary provisions of the Workmen’s Compensation Law, Riley filed a claim with the Industrial Accident Board, in which he was duly awarded judgment against the casualty company, as compensation for his injuries. Riley elected not to abide