Meese v. Northern Pac. Ry. Co.

(after stating the facts as above). 1. The question on this appeal arises out of an act of the Legislature of the state of Washington, approved March 14, 1911, known as and designated the “Workmen’s Compensation Act” (chapter 74, Session Laws of the state of Washington, p. 345), relating to the compensation of workmen in extrahazardous employments in that state. The constitutionality of the act is not attacked by either -party, and the fact that the death of the decedent was due to the wrongful act and negligence of the railway company is not denied by that company. But the position taken by the plaintiffs in error (the plaintiffs in the court below) and controvérted by the defendant in error, the Northern Pacific Railway Company, is that the Workmen’s Compensation Act of the state of Washington does not and never was intended to deny to or take from the heirs or personal representatives of a deceased person their right of .action for damages against the person or corporation, not an employer, whose wrongful act caused the death of such deceased person. This •contention of the plaintiffs in error is: That, the death of Benjamin Meese having been caused by the wrongful act and…