Death by Wrongful Act: A Treatise on the Law Peculiar to Actions for Injuries Resulting in Death, Including the Text of the Statutes and an Analytical Table of Their Provisions

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Vernon Law Book Company, 1913 - Death by wrongful act - 646 pages
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Contents

Carey v Berkshire R
7
Eden v Lexington F R
8
James v Christy
9
Shields v Yonge
10
Later American cases
11
Reason for the rule
12
Merger
13
Forfeiture
14
Actio personalis moritur cum persona
15
Public policy
16
Limitation of the rule
17
Right of action where death is caused by breach of contract TIFF DEATII W A 20 ED ix
18
Massachusetts
33
CHAPTER III
41
Intentional killing
64
Death caused by negligence
65
Contributory negligence of deceased 661 Deceaseds violation of law as contributory negligence
66
Imputed negligence
67
Imputed negligence in action for death of child
68
Contributory negligence of beneficiariesIn general
69
SameIn action by beneficiaries
70
SameIn action by personal representative
71
Same Where some but not all beneficiaries are negligent
72
Instantaneous death
73
Instantaneous death under statutes providing for survival
74
Section
91
Colorado 941 Florida
94
action
102
Wisconsin
120
CHAPTER IV
129
1481 Utah
133
Virginia
149
The wrongful act or neglect
181
Existence of beneficiaries
182
Appointment of executor or administrator
183
Allegations of damages
184
Bill of particulars
185
Indictment
186
Amendment
187
Liability of personal representative for costs
188
Character of evidence in actions for death
189
Defendant as witness
190
Felonious killing
191
Testimony of deceased witness
192
Verdict of acquittalCoroners verdict
193
CHAPTER V
194
JURISDICTION OF STATE COURTSCONFLICT OF LAWS 195 Statute has no extraterritorial force
195
Action based on foreign statute Jurisdiction sustained
196
Survival of right of beneficiary
210
Assignment of right of beneficiary
215
Distribution
217
CHAPTER VI
222
Iowa
226
971 Kansas
227
Who may sue 91 Lord Campbells
228
Missouri
231
1031 Montana 104 New Mexico 1011 North Dakota
233
Pennsylvania
234
Rhode Island
235
Tennessee
236
Texas
238
1081 Washington 109 Executor or administrator
239
Alabama
241
Foreign administrator
242
Appointment of administrator
246
Widow 113 Parents
250
Heirs 115 Guardian 116 Right to sue confined to statutory plaintiffs
251
Joinder of parties
252
Who may be sued
253
Abatement on death of wrongdoer
255
Arkansas
256
CHAPTER VII
257
When the time begins to
262
Notice of claim and special limitation
267
Washington 151 West Virginia 152 Limit of recovery CHAPTER X
286
DAMAGES
312
Measure of damages under statutes similar to Lord Camp bells actPecuniary loss to beneficiaries 154 No damages for solatium 155 Exemplary damag...
322
931 California
323
Loss of prospective gifts
365
Loss of prospective giftsDeath of adult child
366
Loss of prospective giftsDeath of parent of adult child
371
Loss of prospective giftsDeath of collateral relative
375
Loss of prospective inheritance
378
Rule of damages in New York
383
Evidence of pecuniary condition of beneficiaries
391
Expectation of lifeLife tables
395
Wrongful
396
Interest as damages
398
Reduction of damages
400
Discretion of juryInstructions
402
Excessive ve ictReduction of mount 179 Inadequate verdict
404
Nominal damages
406
TIFF DEATH W A 20 ED
63
Act or neglect must be such that party injured might have
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Page 484 - Be it therefore enacted . . . that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 6 - ... provided by law in relation to the distribution of personal property left by persons dying intestate...
Page 117 - Territory and another, or between any such Territory or territories and any State or states or the District of Columbia, or with foreign nations, or between the District of Columbia and any State or states or foreign nations, is hereby declared illegal.
Page 119 - Columbia and any of the states or territories and any foreign nation or nations shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or in case of the death of such employee to his or her personal representative...
Page 3 - ... death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Page 25 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived, against the latter for an injury for the same act or omission.
Page 119 - ... for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier...

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