WORKMEN'S COMPENSATION. 1327

Contractor for erection of building, with exception of electric equipment, was
not statutory employer under sec. 62 of the employee of contractor for electric
equipment; contractor to erect building not liable for injuries received by em-
ployee of contractor for electric equipment due to breaking of joist where build-
ing contractor did all that average prudent and careful man would have done
to make place of work safe. Long Co. v. State Accident Fund, 156 Md. 641.

This section contrasted with similar law of Texas in holding that Maryland
courts are not justified in enforcing cause of action which insurance company
might have under Texas Statutes. London, etc., Co. v. Steamship Co., 161 Md.
145.

Prayers and evidence considered in a suit under this section, compensation
having been paid by insurer of truck; error to grant instruction which on its
face offers jury complete guide for arriving at verdict for plaintiff and fails to
refer to defense of contributory negligence. Hilton Quarries, Inc., v. Hall,
161 Md. 518.

Damages recovered by self-insurer under this section not limited to award
made by Accident Commission, but should be for the full amount of damages
to which dependent is entitled. Mech v. Storrs, Daily Record, June 28, 1935.

The right of subrogation is not affected by this section other than to show
how it shall be exercised by employee and person paying compensation; em-
ployer's or insurer's right of action not limited to two months. Railway Co. v.
Assurance Corp., 163 Md. 97.

This section referred to in construing secs. 14, 30, 37, et seq. Owners' Realty
Co. v. Bailey, 157 Md. 143.

This section referred to in construing art. 67, sec. 2. Storrs et al. v. Mech
et al., 166 Md. 127.

Cited but not construed in State v. C. & P. Tel. Co., 162 Md. 574; Gordon
Sleeprite Corp. v. Waters, 165 Md. 355.

See notes to sec. 62.

1927, ch. 396.

58A. The Superintendent of the State Accident Fund, with the con-
sent and approval of the State Industrial Accident Commission, shall have
full power and authority to compromise and settle any claim which it may
have against any person who is alleged to be legally liable for any accident
in which compensation is paid by the State Accident Fund, provided, how-
ever, that no settlement shall be made by the State Accident Fund which
shall prejudice the rights of the injured employee in any claim against any

such person, without the consent and approval of the injured employee.
See sec. 16.

59.

This section referred to in construing sec. 58—see notes thereto. " State v.
Francis, 151 Md. 150; Md. Cas. Co. v. Elec. Mfg. Co., 145 Md. 652.

62.

Principal contractor and its insurer entitled to participate in appeal of sub-
contractor from award by Commission against subcontractor and principal con-
tractor and their insurers. Indemnity. Good practice. Core Contracting Co
v. Schaeffler, 151 Md. 500.

In case injured employee of subcontractor or his dependents proceed against
contractor, latter becomes statutory employer of injured person, and hence may
not be sued as third person at fault under sec. 58. Only where injury or death
results from deliberate intention of employer may he abandon this article and
sue at law. See notes to sec. 36. State v. Bennett Bldg. Co., 154 Md. 162.

Contractor for erection of building, with exception of electric equipment, was
not statutory employer, under this section, of employee of contractor for electric
equipment. Long Co. v. State Accident Fund, 156 Md. 645.