Western Casualty & Surety Co. v. Shafton

The following opinion was filed February 7, 1939:

Fowler, J.

The issue between the parties is whether the comparative-negligence statute, sec. 331.045, applies to the instant case and if it does to what extent. Two statutes are involved as the basis of the action. Sec. 102.49 (5), Stats., provides that when an employee is killed having no one wholly dependent on him the employer or insurer shall pay into the state treasury such an amount, when added to the sums paid for partial dependency, as shall equal the amount payable when the employee leaves one wholly dependent, but not exceeding $2,000.…