Mooney
Western Union Telegraph Co. v. Mooney
Opinion
Opinion
Conley, J.
—This somewhat complex litigation arises from a tort action by the widow and children of decedent Cleon North, consolidated with another suit by his former employer, The Western Union Telegraph Company, for the amount of compensation and expenses paid, under the workmen’s compensation law, for his death in an automobile collision. The North family was awarded moneys as against The Western Union Telegraph Company, his self-insured employer, as a result of his death, and thereafter the North widow and orphans and The Western Union Telegraph Company employer recovered a judgment against Leamon L. Mooney, owner of the other automobile in the collision, and his son, Harold Ray Mooney, the driver. Leamon L. Mooney was responsible for $10,000 of this amount because of ownership liability, but the judgment against the driver, Harold Ray Mooney, considerably exceeded that amount. The Western Union Telegraph Company had become liable, through the Workmen’s Compensation Act, to the North family in an amount exceeding the $10,000 but far less than the total judgment recovered by the North family in the superior court consolidated action. The plaintiffs in each of the cases were represented by…