The Fidelity And Casualty Company of New York v. St. Paul Gas Light Co.
| Decision Date | 19 May 1922 |
| Docket Number | 22,765 |
| Citation | 188 N.W. 265,152 Minn. 197 |
| Parties | THE FIDELITY AND CASUALTY COMPANY OF NEW YORK v. ST. PAUL GAS LIGHT COMPANY |
| Court | Minnesota Supreme Court |
Action in the district court for Ramsey county to recover $3,572. From an order, Brill, J., sustaining defendant's demurrer to the complaint, plaintiff appealed. Affirmed.
Workmen's Compensation Act -- subrogation -- suit by insurer against third person for death of employe.
1. The time within which an employer who has paid the compensation provided for by the Workmen's Compensation Act for the death of his employe, whose death is caused by the wrongful act of a third person, by which payment the employer becomes subrogated to the rights of the dependents of the deceased employe, may commence an action against such third person, is that prescribed by G.S. 1913, § 8175.
Construction of act.
2. The compensation act gives no new right of action for such wrong either to the employe or the employer, but recognizes and continues in force existing legal remedies, with the right of subrogation by the employer to the rights of the employe when he has paid the compensation therein provided for.
Briggs Weyl & Briggs, for appellant.
Butler Mitchell & Doherty, for respondent.
It appears from the record in this case, and the facts are not in dispute, that on July 20, 1919, M. J. Schwartz was in the employ of the Northern States Power Company, a corporation; each being within and subject to the Workmen's Compensation Act. On that date while engaged in the line of his employment Schwarz suffered an injury by reason of the negligence of defendant in this action, the St. Paul Gas Light Company, a third party employer, also within the act, which resulted in his death. His dependents were entitled to compensation under the statute and in proceedings to recover the same, instituted against his said employer, judgment was awarded to his widow in the sum of $3,572. Plaintiff in this action had insured the employer, and, in discharge of its contract obligation thereunder to protect the company from such liabilities, assumed the payment of the judgment, and under the statute has become subrogated to the right of the employer to reimbursement from the third party wrongdoer. This action was brought for that purpose, and to recover against defendant the amount of the judgment, the basis of the action being, in addition to the facts stated, the charge in the complaint that the injury and death of Schwarz were caused by its negligent and wrongful act. There was a demurrer to the complaint on the ground that the cause of action is by the facts stated therein barred by the statute of limitations. The demurrer was sustained and plaintiff appealed.
The learned trial court was of the opinion and held that the cause of action arose under and by force of our death-by-wrongful-act statute, section 8175, G.S. 1913, and since the action was not commenced within the time there limited the remedy is barred and plaintiff cannot recover. The correctness or incorrectness of that conclusion presents the only question on the appeal. We answer it in harmony with the view taken by the trial court.
The right of action at common law for a personal injury, in the absence of a survival statute, whether the injury result in death or not, is personal and dies with the death of either party, except as provided by section 8174, G.S. 1913. We have in this state, where the injury results in death, the survival statute relied upon by the trial court, known as our Lord Campbell's Act, by which an action of the kind is required to be commenced within two years. It is the only enactment having the purpose of continuing such right of action after the death of the injured party, and controls the case at bar, upon the point in issue, the statute of limitations, unless, as contended by counsel for plaintiff the right is also created and given by the compensation act, with the limit...
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