Swader v. Kansas Flour Mills Co.

Citations

• 103 Kan. 378
• 176 P. 143
• 1918 Kan. LEXIS 269

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Compensation Act — Provisions for Compensation for Workman and for His Dependents■ — Act Constitutional. The title, “An act to provide compensation for workmen injured in certain hazardous industries,” is broad enough to include compensation for dependents of a work- ! man fatally injured, and the latter topic is germane and pertinent to the main subject covered by the act, and such act does not violate the constitutional provision forbidding the inclusion of more than one subject in one act of the legislature.</p> <p>2. Same — Death—Action for Compensation against Employer — Action for Damages against Third Party — Estoppel. Section 5 of the workmen’s compensation act gives an injured employee a statutory action or proceeding against his employer for compensation, and also for damages against a wrong-doing third party causing his injuries; and where the person entitled to maintain such statutory action is not estopped by her acceptance of compensation already provided for her, nor by her participation in arbitration proceedings to determine her compensation, nor by other acts constituting ratification or acquiescence, she may prosecute her action against both the employer and the wrong-doing third party; and she is not required to choose between the compensation allowed, or which may be allowed, and the damages which she may recover, until her action is tried and determined, but she is not entitled to recover both damages and compensation.</p>