NEW AMSTERDAM CAS. CO. v. REINHART & DONOVAN CO.

NEW AMSTERDAM CAS. CO. v. REINHART & DONOVAN CO.
1927 OK 85
255 P. 587
124 Okla. 227
Case Number: 17203
Decided: 03/29/1927
Supreme Court of Oklahoma

NEW AMSTERDAM CASUALTY CO.
v.
REINHART & DONOVAN CO. et al.

Syllabus

¶0 Error from District Court, Oklahoma County; Wm. H. Zwick, Judge.
Action by the New Amsterdam Casualty Company and John Clemens against the Reinhart & Donovan Company and E. W. Walker. Judgment for defendants, and plaintiffs bring error. Affirmed.

Jas. C. Cheek and Albert L. McRill, for plaintiffs in error.
Ross & Thurman, for defendants in error.

RILEY, J.

¶1 This cause presents an appeal from a judgment of the district court of Oklahoma county, wherein a demurrer was sustained to plaintiffs in error's petition. It was pleaded that John Clemens, plaintiff in error, was in the employ of John C. Stewart, who was a subcontractor, under defendants in error Reinhart & Donovan, a corporation, principal contractor. E. W. Walker was the owner of the building being constructed. The New Amsterdam Casualty Company was insurance carrier of John C. Stewart. Injury to John Clemens arose out of and in the course of his employment with Stewart. The New Amsterdam Casualty Company, under its liability, paid compensation to Clemens and received an assignment of Clemens' pretended claim against Walker and Reinhart & Donovan.

¶2 Clemens contends that the compensation paid under the Workmen's Compensation Act was not exclusive, and that he is entitled to an additional sum against defendants below for pain and suffering. The New Amsterdam Company seeks to recover from defendants below, defendants in error, for the amount it paid Clemens pursuant to the workman's compensation policy.