Westcott v. Central Vermont R. R.
Supreme Court of Vermont
This was an action of trespass on the case brought by thé plaintiff, as administratrix of the estate of Samuel S. Westcott, •against the defendant, for its tortious act resulting in the death -of the intestate. The defendant demurred generally to the plaintiff’s declaration. The court, September Term, 1888, Ross, J., presiding, sustained the demurrer, and adjudged the -declaration insufficient; to which the plaintiff excepted.
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This was an action of trespass on the case brought by thé plaintiff, as administratrix of the estate of Samuel S. Westcott, •against the defendant, for its tortious act resulting in the death -of the intestate. The defendant demurred generally to the plaintiff’s declaration. The court, September Term, 1888, Ross, J., presiding, sustained the demurrer, and adjudged the -declaration insufficient; to which the plaintiff excepted. The following is so much of the writ and declaration as is material to an understanding of the questions raised and decided : “ By the authority of the State of…
1Opinion of the Court
The opinion of the court was delivered by
Tart, J.
When the death of a person results from the. tortious act or neglect of another, two rights of action.may arise, one- to recover damages sustained by the deceased at the time of or after the injury and prior to his death; the other to recover damages to the widow and next of kin. Both rights must be *441¡prosecuted in the name of the personal representative of the deceased. In this case it is insisted, under a general demurrer, that the declaration is defective in that it does not show for which cause of action the plaintiff is seeking to recover,…
2Cases cited5 opinions
- Woodward v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1868
- Commonwealth v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1876
- Baltimore & Ohio R. R. v. GettleWest Virginia Supreme Court · 1869
- Church v. Town of WestminsterSupreme Court of Vermont · 1873
- Harvey v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1889
3Cited by8 opinions
- Railway Co. v. LillyTennessee Supreme Court · 1891
- Sharby v. Town of FletcherSupreme Court of Vermont · 1924
- Railroad v. PittTennessee Supreme Court · 1892
- Morrisey v. HughesSupreme Court of Vermont · 1893
- Melzner v. Northern Pacific Ry. Co.Montana Supreme Court · 1912
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