Polk

The intervening plaintiff, London Guarantee & Accident Co., Inc., appeals from a judgment of non-suit. After the appeal was taken respondents were adjudged bankrupt, and the trustee in bankruptcy has declined to file a brief; therefore the appeal was submitted for decision on appellant’s brief. Upon examining the same, however, it becomes apparent that the points urged therein are insufficient to justify a reversal of the judgment.

The action 'was brought by the plaintiff Polk, an employee of L. C. Dibert Company, a corporation, against the respondents to recover damages for personal injuries sustained by Polk while working on premises operated by respondents. Appellant was the insurance carrier for the Dibert Company and on account of Polk's injuries appellant expended under its policy of workmen’s compensation insurance sums aggregating more than $4,000. Seeking reimbursement therefor, it commenced a separate action against respondents for such purpose (superior court No. 150,113), and subsequently appellant’s attorneys were substituted as attorneys for plaintiff in the action brought by Polk (superior court No. 150,029). Thereafter the separate action brought by appellant (No.…