The opinion
POPE, Justice
(dissenting).
I respectfully dissent. This is a suit for common law recovery of damages, and while it may be said that the insurer’s action did not accrue until the time stated in the majority opinion, the same may not *935 be said of the injured employee’s claim. His action was not asserted against the third party until two years and nine months after his injury. The Legislature, as to workmen’s compensation, has said that good cause will excuse the late filing of a compensation claim. The Legislature has not made such an exception in the case of a common law third party action.
GREENHILL, C. J., joins in this dissent.