Dudley v. Victor Lynn Lines, Inc.

The opinion of the court was delivered by

Proctor, J.

The plaintiff’s decedent, Raymond Dudley, died of a heart attack while an employee of the defendant company. The plaintiff, his widow, instituted an action in tort for wrongful death, and also filed a petition under the Workmen’s Compensation Act. The question now presented is whether in the circumstances an action in tort lies, or whether the Workmen’s Compensation Act extends its exclusive benefits to the plaintiff for her husband’s death, thus barring her action at law.

The testimony for the plaintiff in her tort action revealed the…