Bassot

This is an action for damages for personal injuries sustained by plaintiff Bassot in a collision with the street-car of defendant. At the' time of the accident, Bassot was an employee of a corporation that carried compen sation insurance with plaintiff Insurance Company. The compensation due Bassot having been adjusted and paid, this action was commenced in the name of Bassot and the company. Defendant’s demurrer to the complaint on the ground of misjoinder of parties plaintiff was overruled, and after issue joined, the cause proceeded to trial. At the close of the evidence, defendant made a motion for nonsuit as to both plaintiffs, which was granted as to Bassot on the ground that he was improperly joined as a party plaintiff, and denied as to the Insurance Company. The trial proceeded as between the company and defendant, and resulted in a verdict for defendant. This is an appeal by Bassot from a judgment of nonsuit entered against him. The record in the case consists simply of the judgment-roll and the proceedings on the motion for nonsuit.

Section 31 of the Workmen’s Compensation Act, [Stats. 1913, p. 295], provides that the making of a lawful claim for compensation “shall…