[Download] "Clark v. Olson" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Clark v. Olson
- Author : Supreme Court of Montana
- Release Date : January 19, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Personal Injuries ? Automobile Accident ? Remedy of City Street Cleaner Prescribed by Workmens Compensation Act Exclusive ? Statutes and Statutory Construction ? Duty of Courts in Interpreting Statutes. Personal Injuries ? Automobile Accident ? City Street Cleaner Protected by Workmens Compensation Act Prior to Amendment Barred by Act from Maintaining Suit Against Third Person for Negligence. 1. In an action for injuries sustained by a city street cleaner while engaged in the usual course of his employment by being run over by an automobile prior to the enactment of Chapter 138, Laws of 1933, granting an employee protected by the Workmens Compensation Act a right of action against a third person through whose negligence he was injured, held, under prior decisions to the same effect, that under the Compensation Act as in force at the time of the accident (secs. 2838 and 2839) the remedy afforded the injured employee by the Act was exclusive, plaintiffs common-law right to sue such third person having been abolished. (MR. JUSTICE ANGSTMAN, dissenting.) Workmens Compensation ? Right of Employee Protected by Compensation Act to Bring Suit Against Tort-feasor Matter for Control of Legislature. 2. Whether an employee injured by a third person shall receive payments under the Compensation Act and also be accorded the right to sue the tort-feasor for damages and thus, in effect, permit double compensation, is a matter of legislative control. Statutes ? Rule of Construction. 3. In the construction of a statute the intention of the legislature in enacting it must be inferred, in the first place, from the plain meaning of the words used; if it can be arrived at in this manner, courts may not go further and apply other means of interpretation. Same ? Interpretation ? Duty of Courts. 4. The duty of the supreme court in interpreting a statute is not to enact but to expound the law; to apply the law as it finds it and to maintain its integrity as it is written; it may not insert what has been omitted or omit what has been inserted. (Sec. 10519, Rev. Codes 1921.)