Detroit United Ry. v. Weintrobe
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Southern Division of the Eastern District of Michigan; Arthur J. Tuttle, Judge. Action at law by Max Weintrobe, administrator of the estate of Ben Kuidd, deceased, against the Detroit United Railway. To review judgment for plaintiff, defendant brings error.
1Opinion of the Court
DENISON, Circuit Judge.
This case is, in all substantial respects, like No. 3191, Detroit United Ry. v. Weintrobe, Administrator of Gorwitz, - C. C. A. -, 259 Fed. 64, decided February 5, 1919, and must be disposed of by the same considerations, with one exception:
[1] In Michigan, a cause of action which accrues to one who suffers a personal injury survives his death from that injury, and the measure of damages is the value of his life to his estate. Under what is known as the death act, an action for death caused by wrongful act accrues to the representative of the deceased for the benefit of…
2Cases cited7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. CraftSupreme Court of the United States · 1915
- The CorsairSupreme Court of the United States · 1892
- Lincoln v. Detroit & Mackinac Railway Co.Michigan Supreme Court · 1914
- Jorgensen v. Grand Rapids & Indiana Railway Co.Michigan Supreme Court · 1915
- Ely v. Detroit United RailwayMichigan Supreme Court · 1910
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3Cited by2 opinions
- National Biscuit Co. v. LitzkyCourt of Appeals for the Sixth Circuit · 1927
- Norfolk & W. Ry. Co. v. SkeensCourt of Appeals for the Sixth Circuit · 1929