Benjamin v. Eldridge
California Supreme Court
Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. A corporation called the “Maxim Gas Company of California,” was formed to manufacture and sell illuminating gas. The gas was produced from gasoline. Livingston 0. Blair, while in the employ of the corporation, was killed by an explosion.
Read the full summary
Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. A corporation called the “Maxim Gas Company of California,” was formed to manufacture and sell illuminating gas. The gas was produced from gasoline. Livingston 0. Blair, while in the employ of the corporation, was killed by an explosion. The plaintiff was appointed administrator of his estate, and commenced this action on the twenty-sixth day of June, 1874, against the stockholders of the corporation to recover damages, alleging that the. acts of the corporation. The defendants demurred to the…
1Opinion of the Court
By the Court:
1. The death of the plaintiff’s intestate occurred on the 28th day of December, 1871, while the statute of April 26, 1862, entitled “An Act requiring compensation for causing death by wrongful act, neglect, or default,” was in force— which statute required the action to be commenced, if at *613all, “ within two years after the death of such deceased person.” The action here was commenced on the 26th day of June, 1874—some two years and six months after the death.
2. The act of April 26,1862, was substantially re-enacted (Sec. 5, 0. 0. P.) by sections 376-77 of the Code of Civil…
2Cited by7 opinions
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
- Brookshire v. BurkhartSupreme Court of Oklahoma · 1929
- Murray v. HobsonSupreme Court of Colorado · 1887
- Sandberg v. McGilvray-Raymond Granite Co.California Court of Appeal · 1924
- Meza v. SwordCalifornia Court of Appeal · 1934
2 more not listed; retrieve them via the Exa API.