Kolundjija v Hanna Ore Mining Company

Docket NumberCase No. 136
Date13 April 1933
CourtSupreme Court of Minnesota (US)
United States, Supreme Court of Minnesota.
Case No. 136
Kolundjija et Al.
and
Hanna Ore Mining Company.

Effect of Recognition upon Status of Enemy Aliens — Austrian Nationals who have become Nationals of Jugoslavia.

Enemy Aliens — Right to Sue — Operation of Statute of Limitations in Time of War — Effect of Recognition of a State upon Status of Enemy Aliens.

The Facts.—Certiorari from the District Court of St. Louis County in an action brought under the Workmen's Compensation Act by Trivuna Kolundjija to recover compensation for the death of her husband, which death occurred in the course of his employment by the Hanna Ore Mining Company. Order for judgment allowing compensation was made, and the employer brought certiorari.

Kolundjija, an Austro-Hungarian subject, was killed accidentally on July 26, 1918, in circumstances which would entitle his dependents, if any, to compensation. At the time of his death, the Austro-Hungarian Empire was at war with the United States and continued to be until July 2, 1921, when peace was declared by resolution of Congress. The deceased's wife was a subject of, and resident in, his native country and was therefore an enemy alien.

Held (per Quinn, J.): that the judgment of the lower court must be reversed.

“Relator contends that the evidence does not warrant the finding that deceased had a dependent at the time of his death, and that the action was barred by the statute of limitations. We think the evidence ample to establish the relation of husband and wife between the employé and claimant. If the wife was voluntarily living apart from her husband, there would be no presumption of dependency in her favor, but the burden of showing such voluntary separation rests with the party asserting it as a defense to the wife's right to compensation. Section 8208, Statutes 1917 Supp.; State ex rel. v. District Court, 137 Minn. 283, 163 N.W. 509. We find no such showing in the record.

“The time within which an action or proceeding may be commenced under the Workmen's Compensation Act is fixed by section 20a, subd. 2, c. 209, Laws of 1915 (Gen. St. Supp. 1917, § 8214–1), which proceedings shall be limited to one year after the date of notice in writing given by the employer to the department of labor of the state, stating a willingness to pay compensation when it is shown that the death is one for which compensation is payable. In the present case such notice was served by the relator on May 6, 1920, so it will be observed the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT