Kaulia v. Honolulu Rapid Transit Co.

DISSENTING OPINION OE

PARSONS, J.

I cannot concur in an interpretation of section 3608, R. L. 1925, which in effect denies to an injured workman, in the circumstances set forth in the majority opinion, his common-law right of action in tort for injury caused by the negligence of a person not his employer, because of his having claimed and having been awarded by the industrial accident board and having been paid by his employer compensation based upon a percentage of his average weekly wage, plus an allowance for medical and hospital services during a period of temporary disability.

The question,…