Smith v. Kaw Boiler Works Co.

The opinion of the court was delivered by

Burch, J.:

The action was one for compensation under the workmen’s compensation act. The plaintiff recovered, and the defendant appeals.

Death of the workman resulted from his injury. . He left a widow, who was wholly dependent, as his sole dependent. Before compensation was made, the dependent died. The action was prosecuted by the administrator of the estate of the workman. The statute provides that when death results from injury the action shall be prosecuted by the dependent or de*592pendents entitled t'o compensation, or by'the legal representative of…