St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1913-05-02

pendents, in case Of death, may. at his or their
option. proceed either at law against such
p Boyer 70 for 5ec0 eemp aamaEies, Or gpd dss1nT Part the ? emf Of
If the employee in case of injury. or his
action for the recovery Of damages against
sub party other than the employer, the same
sons to whom the same are payable, shall
pc as provided for in Part 9 of this act and
not otherwise; provided that in no case shall
SUCH party be liable to any person other than
the enlploye or his dependents for any dam
ages growing out of or resulting from such
If the employe or his dependents shall
elect to receive compensation from the en-
the right Of the employe Or his defendents 10
recover against such other party, and may
bring legal proceedings against such party
pensa ton payable BY him to such employe.
or his dependents hereunder, together with the
costs and disbursements of such action and
reasonable attorneys fees expended by him
where 81 Third the in Rarty or not ae gnaef for Part Which 8i- a1'at
pensatton is payable under Part 2 of this act
was caused under circumstances also creating
any party other than the employer, such party
not being subject to the provisions Of Part
by the employee or dependents against such
other party to recover damages, notwithstand-
p iii the to payment gaY eon ny t'ss simpl1 Ssee;,n or his R 41at
IN such h case psa # the action against such other
c parey Of !s his RF0 dest5 by BY ths d iR5area empi sSS f or in
ment is obtained and paid. or settlement is
made with such other party, either with or
to deduct from the compensation payable by
him, the amount actually received by such
ii nippsegg e or ,dspen i'd It's pro provided ID 1t that aeat if the the
dependents shall agree to receive compensation
ings to recover the same, or accept from the
employer any payment on account of such
compensation. such employer shall be sub
rogated to all the rights of such employee or
dependents and may maintain, or in case an
action has already been instituted. may con-
tinue the action either in the name of the
employe or dependents, or In his own name
against such other party for the recovery Of
damages, but such employer shall nevertheless
all sums collected from such other party by
judgment or otherwise in excess Of the amount
Of 3nd such ps e9m 5p ms tHfs pa payable ans by the employer
fees, and reasonable expenses incurred by
such sueh.o employer in making such collection or
case shall such party be liable to any person
other than the employee or his dependents for
any damages growing out of or resulting from
such injury or death.
Sec. "a. WORDS AMI PHRASES DE-
FINED. Throughout this act the following
considered to have the following meaning Tiias re-
spsetively, unless the context shall clearly
indicate a different meaning in the connection
used.
az The word Compensation has been
used both in Part l and Part 2 of this act
1hie0 Sene t WHICH WhicRR al an o employe st may re sRsiss'hSs y
dsrrs a st a taI t hhae IS Fart indica !; Of in th ssct aea is is
To avoid confusion. the word Compensation
has been been used in both parts Of the act, but
mined by an action at law.
| nOSfhUn1OlS children and all of1or ohi11ro,
entitled by law to inherit as children Of the
deceased.
(cl A dependent child or orphan shall he
the age of eighteen years or one over that
age, who is physically or mentally i%ncapaci-
s saatIon mean s us every per person not excluded BY
form "H Service iep'oSf for anq hirel 10 and per- r.
whom the employer directly pays wages. and
shall include any person or corporation, CO
partnership, or association or group thereof,
and shall include county, village, town, city,
school district and other public employers, ex-
l1 The term physician" shall include
a within ene By e{ t tsw u to p5af s4sfes his and professor Of saoa
S' e. The m terms nan p @%orK@an At shall Ina t Include the
(g) The terms "employe" and workman
are used interehangeably and have the same
~ Every person in the service of a county
city, town, village or school district therein,
press or implied, oral or written; but shall not
INCLUDE any official Of any county. city, town,
have been elected or appointed for a regular
term of office, or t., complete the unexpired
portion ri Of any regular term:
~ Every person, not excluded by Section
81 In the service Of another under any con-
tract of horse; express or implied, oral OF
| minors who are legally Dermittpd to work IN
der the laws of the State. who for the purpose
Of making election Of remedy under this act
shall be construed the same. and have the
same power Of contracting and electing as
phrases personal injuries due to accident OF
injuries or death caused by accident in this
act shall, unless a different meaning is clearly
indicated by the context, be construed to mean
suddenly, and violently, with or without human
fault and producing at the time, injury to the
d Personal Injuries 1r sHe f tc.Nwithou other
wise aft cting either the meaning or inter
smploy@ent:? it is he s%e d ta a1s course OF
in. on, Or about the premises where their
services are being performed. or where their
s such eer reauire et their t,pm presence en- tns as n a part Of
during the hours of service as such workme
and shall not include an injury caused by
intended to injure the employee because Of
reasons personal to him, and not directed
against n, MIN as an employee. or because OF
0 Wherever in this act the singular is
used; the plural shall be included: where the
neuter shall be included.
..(k) NEUTRALITY-SUSPICIOUS. between the
elbow and the wrist shall be considered as the
equivalent of the loss Of a hand, and am
putatfon between the knee and the ankle shall
be considered as the equivalent of the loss Of
a foot.
this act, shall denote the Commissioner Of
Labor Of the state of Minnesota.
The District Court which would have iurisdic-
ton In an ordinary civil case involving a
claim no for the injuries Or death in question:
and Tho Judge" shall mean a Judge Of said
Court. ~ - s"'
(n) As to Constitutionality-1n case for anv
treason any paragraph or any provision of this
act shall be questioned in any court Of last
resort and shall be held by such court to be
demonstrations or invalid. the same shall not
vision Of this act. except that Parts 1 and 2
are hereby declared to be inseparable, and If
either ersa Part be declared void or inoperative in
part must fall. the other part shall fall with
It and not stand alone. Part 1 Of this act
thereof. but shall apply in all other cases. and
in such cases shall be in extension or modi.
fcation OF the common law.
Sec. IS. REPEATING INCONSISTENT
ACTS--Al acts or parts of acts inconsistent
pealed.
Sec: SO: TIME ACT SHALL TAKE EFF
after the list day of October, A. D. 1918. w
\ Approved April "a. 1918.
CHAPTER 4es-s. F. No. $40. Il
AN ACT declaring the effect Of sherifs' Ger