McGarvey v. Independent Oil & Grease Co.
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: Osoar M. Eeitz, Circuit Judge. Plaintiff, a servant of ITarley-Davidson- Motor Company, while in tbe course of bis employment, was injured by actionable negligence of defendant. Plaintiff made a lawful claim for bis injury under tbe Workmen’s Compensation Act. Sucb claim was settled and, thereby, tbe Motor Company succeeded to plaintiff’s right against defendant.
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Appeal from an order of tbe circuit court for Milwaukee county: Osoar M. Eeitz, Circuit Judge. Plaintiff, a servant of ITarley-Davidson- Motor Company, while in tbe course of bis employment, was injured by actionable negligence of defendant. Plaintiff made a lawful claim for bis injury under tbe Workmen’s Compensation Act. Sucb claim was settled and, thereby, tbe Motor Company succeeded to plaintiff’s right against defendant. Thereafter, for a sufficient consideration, sucb company, in due form, assigned, sucb claim to plaintiff who commenced this action to enforce it. These facts were duly…
1Opinion of the CourtMaeshall, J.
It is conceded, as the fact is, that, in case of an employee, in the course of bis employment, being injured by tbe actionable negligence of a third person,, a statutory remedy accrues to him for compensation, against bis employer and a common-law remedy against sucb third person, though be cannot have but one satisfaction. If be elects to pursue tbe latter remedy be waives tbe statutory right, and if be elects to pursue tbe former, tbe employer by succession,- — • ipso fado et eo instanii, — becomes tbe owner of tbe right against tbe wrongdoer and “may enforce tbe same in bis own name.” Tbe…
2Cases cited4 opinions
- Bennett v. . BennettNew York Court of Appeals · 1889
- Brown v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Lehmann v. FarwellWisconsin Supreme Court · 1897
- Nemecek v. Filer & Stowell Co.Wisconsin Supreme Court · 1905
3Cited by27 opinions
- D'ANGELO v. Cornell Paperboard Products Co.Wisconsin Supreme Court · 1963
- Hines v. DahnCourt of Appeals for the Eighth Circuit · 1920
- Wilfong v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1935
- Silvia v. ScottenSupreme Court of Delaware · 1923
- Smith v. Port Huron Gas & Electric Co.Michigan Supreme Court · 1922
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