Lofton v. Vogles

—Simeon Lofton killed. John Vogles. The administrator of Vogles now sues T^ofton, in a civil action, to recover damages for the loss of Vogles’ life.

The suit is brought upon § 784, p. 205, 2 R. S., which provides that “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 hitter, for an injury for the same act or omission.5’

The former, had he lived, could not have maintained an action, in the case at bar,…