Turnquist v. Hannon

• Court: United States State Supreme Judicial Court of Massachusetts
• Writing for the Court: RUGG
• Citation: 107 N.E. 443,219 Mass. 560
• Decision Date: 31 December 1914
• Parties: TURNQUIST v. HANNON.

219 Mass. 560
107 N.E. 443

TURNQUIST
v.
HANNON.

Supreme Judicial Court of Massachusetts, Suffolk.

Dec. 31, 1914.

Report from Superior Court, Suffolk County; Jabez Fox, Judge.

Action by Ida C. Turnquist, administratrix, for the benefit of the Contractors' Mutual Liability Insurance Company, against Frank J. Hannon. There were findings for the plaintiff, and the case was reported to the full court on defendant's exceptions to refusals to rule. Judgment ordered for plaintiff on the findings.

Frank [219 Mass. 561]W. Knowlton and Chas. O. Pengra, both of Boston, for plaintiff.

Albin L. Richards, of Boston, for defendant.

RUGG, C. J.

An employé, in the course of his employment by a subscriber under the Workmen's Compensation Act, received mortal injuries through the negligence of an agent of the defendant acting within the scope of his duty. Thereafter, the widow of the employé, who was appointed administratrix of his estate, [219 Mass. 562]made an agreement, both individually and as administratrix, with the insurance company through which the employer was insured, as to the compensation due her for its liability under the act, which was approved by the Industrial Accident Board. St. 1911, c. 751, pt. 3, § 4, as amended by St. 1912, c. 571, § 9. Substantial sums of money have been paid to her in accordance therewith. This action is brought in her name by the insurance company for its benefit under section 15 of part 3 of the Act, which is in these words:

‘Sec. 15. Where the injury for which compensation is payable under this act was caused under circumstances creating a legal liability in some person other than the subscriber to pay damages in respect thereof, the employé may at his option proceed either at law against that person to recover damages or against the association for compensation under this act, but not against both, and if compensation be paid under this act, the association may enforce in the name of the employé, or in its own name and for its own benefit, the liability of such other person.’

The insurance company, in the name of the administratrix as plaintiff, is seeking under the authority of that section to enforce the liability established by R. L. c. 171, § 2, as amended by St. 1907, c. 375, which enables the administratrix of a deceased person who has lost his life through the negligence of another, to recover against such other person damages in a sum not less than $500, and not more than $10,000, to be assessed with reference to the degree of culpability of the person causing the death.

The sum so recoverable is a penalty to punish the wrongdoer. It is in substance a fine imposed by the commonwealth for the offense of causing the loss of a human life through negligence, which, instead of being turned into the treasury of the commonwealth, is paid, one-half to the widow and one-half to the minor children; if there are no minor children, the whole to the widow; if there is no widow, the whole to the next of kin. Boott Mills v. Boston & Maine Railroad, 218 Mass. 582, 106 N. E. 680. The money which may be recovered under that death statute is not assets in the hands of the administrator, but is required to be paid directly to the widow and children, to the widow, or to the next of kin, as the case may be. Brennan v. Standard Oil Co., 187 Mass. 376, 73 N. E. 472. The [219 Mass. 563]same provision in effect is

[107 N.E. 444]

made by part 2, § 13, of the act, except that in the event that there is no personal representative the compensation shall be paid directly to the dependents, or, if there are none, then to the creditor for the expenses of the last sickness and death. Under each of these statutes the executor or administrator of the deceased acts as trustee for the...