Elmer T. Braun and Employers Mutual

Action by plaintiff Braun, an employee of Gazette Printing Company, against J & W Transfer & Storage Co., a partnership,
and its insurer, to recover damages for injuries sustained while Braun was helping J & W employees unload a radiator
from a truck. The complaint alleges both common law negligence and violation of the safe-place statute on the part of J
W. Employer's Mutual Liability Insurance Company, Gazette's compensation carrier, having paid workmen's compensation to Braun,
joined in the complaint pursuant to sec. 102.29(1), Stats.1949. The trial court granted defendants' motion for summary judgment, holding as a matter of law (1) that plaintiff Braun was
in the employ of J & W at the time he was injured, and therefore the remedy afforded him by the workmen's compensation
act was exclusive, (2) that there was no violation of the safe-place statute, and (3) that Braun had assumed the risk. Prior
to the entry of judgment plaintiff Employer's Mutual announced that it accepted the ruling that Braun was in the employ of
J & W rather than of Gazette, and moved to frame the judgment so as to dismiss the complaint as to Employer's Mutual
without prejudice, and to permit Employer's Mutual to serve a supplemental complaint against J & W under sec. 102.06,
Stats.1949, for reimbursement for the workmen's compensation paid to Braun as an employee of Gazette. The motion was denied,
and judgment was thereupon entered dismissing the complaint on the merits. Both plaintiffs appeal from the judgment, Employer's
Mutual also appealing from the order denying its motion.