Silvia v. Scotten

Wolcott, Chancellor,

delivering the opinion of the court:

The question before us involves the construction of that portion of the Workmen’s Compensation Act of 1917 (Chap. 233, Vol. 29, Laws of Del.), which deals with the liability of an alleged tort-feasor to answer in damages for the death of an employee whose widow and dependents have accepted compensation from the deceased’s employer, the alleged tort-feasor being a person other than the employer. The portion of the act with which we are concerned is, as follows:

“319311. Section 131. Whenever an injury for which compensation is payable…