Harlan F. Stone

“ In the case where the employee survives and accepts compensation as the only person entitled, it is clear that the statutory assignment vests in the employer the full right to recover damages from the third person. ”

“ The statute is not free from ambiguity. The right to recover for a wrongful death is the creature, not of the common law, but of a statute which confers the right on the personal representative of the deceased for the benefit of his next of kin under the local statute of distribution, some of whom may not be entitled to compensation under the Compensation Act. Nevertheless, section 33 (b) of the act provides that it is the 'right of the person entitled to compensation to recover damages against such third person' which is assigned to the employer by the election to take compensation. ”

“ The award directed the employer and petitioner the AEtna Life Insurance Company, his insurer, [1] to pay compensation to the widow in periodic installments, and the expenses attendant upon the burial of the deceased.
The present suit was brought in the Supreme Court of the District of Columbia on the theory that the acceptance of compensation awarded under the statute operated as an assignment of the administratrix' right to pursue the respondent for damages for the wrongful death, and that the insurer succeeded to that right by subrogation. ”

“ But the insurance company and the widow, both in her own right and as administratrix, are interested in the recovery. Under the common-law practice, the defendant may not complain if the employer indicates their beneficial interests by bringing the action to their use as well as to his own. ”

“ Whether, under Equity Rule 13 of the Supreme Court of the District of Columbia, made applicable to actions at law by the first paragraph of the law rules, they may join with him as legal plaintiffs since they have 'an interest * * * in obtaining the relief demanded,' we do not decide. ”