[DOWNLOAD] "Northern Indiana Power Company v. West" by 479. Supreme Court of Indiana No. 27 # eBook PDF Kindle ePub Free

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eBook details

• Title: Northern Indiana Power Company v. West
• Author : 479. Supreme Court of Indiana No. 27
• Release Date : January 26, 1941
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

SHAKE, J. The first question presented by this appeal is revealed by a statement of the facts taken from the record. Harry O. West met his death by an accident arising out of and in the course of his employment as the servant of the Northern Indiana Telephone Company. He was survived by his widow, with whom he was living at the time of his death, and their five children, all under nine years of age, one of whom was posthumous. This action was brought by the widow, as administratrix of her husband's estate, for the use and benefit of herself and her children, upon the theory that her husband's death was proximately caused by the negligence of the appellant. During the pendency of the action in the court below, the appellee, in her individual capacity, joining with her children, made claim against the telephone company before the Industrial Board of Indiana for death benefits under The Indiana Workmen's Compensation Act of 1929. Acts 1929, ch. 172, § 40-1401 et seq., Burns' 1940 Replacement, § 16412 et seq., Baldwin's 1934. The last-mentioned proceeding resulted in a final award of compensation in favor of the claimants and against the telephone company. The compensation awarded was not paid, but the Travelers Insurance Company, which carried the employer's risk, brought suit against the appellant to recover the amount for which said insurance company was made liable, and that action is pending. The appellee contends that the remedies provided by the Compensation Act are merely cumulative and do not preclude recovery from a third party tort-feasor under the wrongful death statute, except upon the single contingency that compensation benefits have been accepted by the claimants. The appellant asserts, on the other hand, that since dependents have the right under the statute to elect whether they will take compensation or collect damages from the responsible tort-feasor, and since dependents under the Compensation Act are not necessarily the same persons as those for whose benefit an action may be prosecuted under the wrongful death statute, the personal representative of a decedent's estate cannot maintain such an action as that with which we are presently concerned. In other words, the appellant says that the appellee is not the real party in interest.

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