Reardon v. Balaklala Corsol. Copper Co.
U.S. Circuit Court for the District of Northern California
At Law. Action by J. E. Reardon, as administrator, etc., against the Balaklala Consolidated Copper Company and others. On demurrer to and motion to strike a substituted complaint from the files.
1Opinion of the Court
VAN FLEET, District Judge.
This is an action to recover for the ■death of an employé alleged to have been caused by the negligence of the employer. Section 1970 of the Civil Code of the state requires that such an action be maintained in the name of the legal representative of the deceased employé for the benefit of the next of kin in a certain order of precedence; and this is deemed the exclusive remedy. In this instance the father, being the next of kin and entitled to the benefit of the recovery, erroneously brought the action in his own name instead of that of the administrator of the…
2Cases cited12 opinions
- McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
- Matheson's Admin. v. Grant's Admin.Supreme Court of the United States · 1844
- Kansas Union Life Ins. v. BurmanCourt of Appeals for the Eighth Circuit · 1905
- Dubbers v. GouxCalifornia Supreme Court · 1875
- Chicago G. W. Ry. Co. v. First Methodist Episcopal Church of Leavenworth CityCourt of Appeals for the Eighth Circuit · 1900
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Klopstock v. Superior CourtCalifornia Supreme Court · 1941
- Charles L. Longbottom and Nancy Sue Chapman v. Roy Ralph Swaby, a Minor, by His Next Friend, Harold F. EdwardsCourt of Appeals for the Fifth Circuit · 1968
- Shirley M. Russell v. New Amsterdam Casualty Company and Consumers Public Power DistrictCourt of Appeals for the Eighth Circuit · 1962
- United States v. PowellCourt of Appeals for the Fourth Circuit · 1938
- Lopez v. United StatesCourt of Appeals for the Fourth Circuit · 1936
23 more not listed; retrieve them via the Exa API.