Knott v. McGilvray
California Supreme Court
APPEAL from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. John Hunt, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtVan Dyke, J.
This action is to recover damages for the death of one Benjamin. Knott, and was originally instituted against Claus Spreckels and John D. MeGilvray. During the trial, on the motion of Spreckels, a nonsuit was granted as to him, and the case proceeded to judgment against the defendant MeGilvray. An appeal is taken from the judgment and also from the order denying the defendant McGilvray’s motion for a new trial.
The first contention of the appellant is, that the complaint does not state a cause of action, inasmuch as the surviving wife, as such, has no cause of action, but only the heirs of the…
2Cases cited6 opinions
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- Stone v. South CarolinaSupreme Court of the United States · 1886
- Judson v. Giant Powder Co.California Supreme Court · 1895
- Stevens v. NicholsSupreme Court of the United States · 1889
- Dixon v. PlunsCalifornia Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cross v. Pacific Gas & Electric Co.California Supreme Court · 1964
- Salmon v. RathjensCalifornia Supreme Court · 1907
- Jolley v. ClemensCalifornia Court of Appeal · 1938
- Perkins v. RobertsonCalifornia Court of Appeal · 1956
- Bauhofer v. CrawfordCalifornia Court of Appeal · 1911
8 more not listed; retrieve them via the Exa API.