Ormsbee v. Grand Trunk Western Railway Co.
Michigan Supreme Court
Error to Genesee; Stevens, J. Case by William B. Ormsbee, administrator of the estate of William S. Herrick, deceased, against the Grand Trunk Western Railway Company for the alleged negligent killing of plaintiff’s intestate. Judgment for defendant on a directed verdict. Plaintiff brings error.
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Error to Genesee; Stevens, J. Case by William B. Ormsbee, administrator of the estate of William S. Herrick, deceased, against the Grand Trunk Western Railway Company for the alleged negligent killing of plaintiff’s intestate. Judgment for defendant on a directed verdict. Plaintiff brings error. Plaintiff, as administrator of the estate of William S. Herrick, sues the defendant railroad company to recover damages for the alleged wrongful and negligent killing of his intestate. The action is planted under the so-called “death act,” being sections 6663 and 6664, 3 How. Stat. (2d Ed.), (2 Comp.…
1Opinion of the CourtBrooke, J.
(after stating the facts). The foregoing ruling made by the court raises the only question involved in this case. On behalf of the plaintiff it is contended that the statute does not limit recovery *579to those only who have a legal claim to support or to contribution toward support from the decedent. It is urged that the children of decedent, for whose benefit this action is brought, are within the class designated by the statute, and that, such being the case, it is only necessary for the plaintiff to show that the alleged negligent killing of plaintiff’s decedent resulted in some pecuniary…
2Cases cited6 opinions
- Hurst v. Detroit City RailwayMichigan Supreme Court · 1891
- Rouse v. Detroit Electric RailwayMichigan Supreme Court · 1901
- Nelson v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1895
- Van Brunt v. Cincinnati, Jackson & Mackinaw RailroadMichigan Supreme Court · 1889
- Richardson v. Detroit & Mackinac Railway Co.Michigan Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bricker v. GreenMichigan Supreme Court · 1946
- Breckon v. Franklin Fuel Co.Michigan Supreme Court · 1970
- Bunda v. HardwickMichigan Supreme Court · 1965
- Baker v. SlackMichigan Supreme Court · 1948
- Paperno v. Michigan Railway Engineering Co.Michigan Supreme Court · 1918
5 more not listed; retrieve them via the Exa API.