Swanson v. Lake Superior Terminal & Transfer Railway Co.

The case presents the single question whether the plaintiff has any right to prosecute an action in tort against the defendant railway company. Sec. 102.29, of the Statutes provides that “the making of a lawful claim against an employer or compensation insurer for compensation . . . for the injury or death of an employee shall operate as an assignment of any cause of action in tort which the employee or his personal representative may have against any other party for such injury or death.” The complaint alleges the making of the claim for compensation- and the reassignment of this cause of…