United States Supreme Court Cases & Opinions

U.S. Supreme Court

Doleman v. Levine, 295 U.S. 221 (1935)

Doleman v. Levine

No. 574

Argued April 4, 1935

Decided April 29, 1935

295 U.S. 221

Syllabus

Under the Longshoremen's & Harbor Workers' Compensation Act, made applicable to the District of Columbia as a compensation law, where several persons, as dependants or next of kin, are entitled to claim compensation under the Act, or damages under the District of Columbia death statute, on account of the death of an employee caused by the negligence of a stranger to the employment, an election by one of them to take compensation under the Compensation Act does not operate to assign to the employer the cause of action against the wrongdoer with the right to sue upon it in his own name, but it subrogates the employer to the right that the person so electing had to compel suit by the executor or administrator and to share in the recovery. Aetna Life Insurance Co. v. Moses, 287 U. S. 530, distinguished. P. 295 U. S. 228.

64 App.D.C. 25, 73 F.2d 842, reversed.

Certiorari, 294 U.S. 703, to review the affirmance of a judgment sustaining a plea in abatement in an action under the Wrongful Death Act of the District of Columbia.

Page 295 U. S. 222