[Download] "Koppang v. Sevier" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Koppang v. Sevier
- Author : Supreme Court of Montana
- Release Date : January 11, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Workmens Compensation ? Death of Injured Workman Caused by Act of Independent Tort-feasor ? Right of Action in Widow to Sue Wrongdoer for Damages Though Compensation Paid Under Act ? Chapter 138, Laws of 1933, Granting Cause of Action Upheld. Workmens Compensation ? Widow of Decedent Workman Killed in Course of Employment as Highway Flagman by Passing Car Entitled to Maintain Action for Damages Against Independent Tort-feasor. 1. Held that under Chapter 138, Laws of 1933, amendatory of section 2839, Revised Codes 1921, a part of the Workmens Compensation Act, the widow of a highway flagman, who was struck by a passing automobile while in the discharge of his duties, was entitled to maintain an action for damages against the driver of the car not subject to the provisions of the Act, and that the action was not barred by the fact that plaintiff had received compensation for the death of her decedent as provided therein. Same ? Chapter 138, Laws of 1933, Granting Cause of Action to Injured Workman Against Independent Tort-feasor Upheld. 2. The Workmens Compensation Act, including amendments, must be read together as a whole, and every provision and part thereof given proper and harmonious consideration, having in mind the legislative mandate that it shall be liberally construed; so construing it, held in connection with amendatory Chapter 138, Laws of 1933, - Page 235 that it was clearly the intention of the legislature in passing the latter Act to insure to a workman coming within its provisions a cause of action against an independent tort-feasor through whose negligent act he was injured in the course of his employment, any damages so recovered being in supplement of the regular compensation awarded under the Act, subject to the provisions of Chapter 138 relative to the right of the employer or insurance carrier to be subrogated to a part of the gross amount so recovered.