Legal Opinion
McGonigal v. Ward Baking Co.
Superior Court of Delaware
Decided May 16, 1949No. Civil Action 1078PublishedCited by 2 opinions
1Opinion of the Court
Carey, Judge.
The sole question here raised is this: May an injured employee, who has filed and withdrawn a claim for Workmen’s Compensation against his employer, thereafter sue an alleged third party tort-feasor for damages on account of his injuries?
The defendant, arguing for a negative answer to this question, relies chiefly upon Furlong v. Cronan, 305 Mass. 464, 26 N.E.2d 382, and Tocci’s Case, 269 Mass. 221, 168 N.E. 744, 67 A.L.R. 236, the Massachusetts Statute being very similar to ours. Those authorities hold that an injured employee, who has the right to elect between Workmen’s…
2Cases cited8 opinions
- Silvia v. ScottenSupreme Court of Delaware · 1923
- Furlong v. CronanMassachusetts Supreme Judicial Court · 1940
- Tocci's CaseMassachusetts Supreme Judicial Court · 1929
- duPont v. duPontCourt of Chancery of Delaware · 1927
- Massachusetts Bonding & Insurance v. San Francisco-Oakland Terminal RailwaysCalifornia Court of Appeal · 1919
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Marciniak v. Pennsylvania Railroad CompanyDistrict Court, D. Delaware · 1957
- Kowalewski v. Pennsylvania RailroadDistrict Court, D. Delaware · 1956