Smith v. Kaw Boiler Works Co.

Citations

• 104 Kan. 591
• 180 P. 259
• 1919 Kan. LEXIS 316

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Compensation Act — Death of Night Watchman — Death. Arose Out of Employment — Subsequent Death of Sole Dependent — Legal Representative May Sue — Amount of Compensation. The night watchman in a boiler factory was killed while in performance of his duties-. He left a widow, who was wholly dependent, as his sole dependent. Before compensation was made, the dependent died. The administrator of the estate of the workman sued for compensation. Held:</p> <p>(1) The action was prosecuted by the proper party.</p> <p>(2) The right to the full amount of compensation allowed by subdivision 1 of section 5905 of the General Statutes of 1915, vested on the death of the workman, and was recoverable, notwithstanding the provision of subdivision 4 relating to discontinuance of compensation on marriage of a dependent and on arrival of a dependent at the age of independency.</p> <p>• (3) The injury to the night watchman which resulted in his death arose out of the employment.</p>