Lowry v. Department of Labor & Industries

Although the argument has taken a wider range, we think this appeal presents merely a question of statutory construction. Rem. Rev. Stat. (Sup.), § 7675 [P. C. § 3470], provides, in part, as follows:

“That if the injury to a workman is due to the negligence or wrong of another not in the same employ, the injured workman, or if death result from the injury, his widow, children, or dependents, as the case may be, shall elect whether to take under this act or seek a remedy against such other, such election to be in advance of any suit under this section; and if he take under this act, the cause…