Philip v. Heraty
Michigan Supreme Court
Error to Bay; Collins, J. Case by Nellie M. Philip, administratrix of the estate of George Philip, deceased, against Michael P. Heraty and John C. Weadock, receivers of the Bay Cities Consolidated Railway Company, for the negligent killing of plaintiff’s intestate. There was judgment for plaintiff, and defendants bring error.
1Opinion of the CourtMontgomery, J.
This action was brought to recover damages for the negligent act of defendants causing the death of George Philip, plaintiff’s intestate. The plaintiff claimed to be the lawful widow of George Philip and was appointed administratrix. The case was once considered by us. See 135 Mich. 446. It was there held that it was open to defendants to prove, on the trial of this action, that plaintiff was not in fact the lawful wife of George Philip at the date • of his death. That the statute (3 Comp. Laws, § 10438) limits the re*474covery of damáges to the pecuniary injury suffered by persons entitled to…
2Cases cited9 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- Danforth v. Groton Water Co.Massachusetts Supreme Judicial Court · 1901
- Coosa River Steamboat Co. v. BarclaySupreme Court of Alabama · 1857
- Mechanics' & Working-Men's Mutual Savings Bank & Building Ass'n v. AllenSupreme Court of Connecticut · 1859
- Judd v. JuddMichigan Supreme Court · 1900
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3Cited by6 opinions
- State ex rel. Boynton v. Public Service CommissionSupreme Court of Kansas · 1932
- Daniels v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1910
- Board of Supervisors v. Board of SupervisorsMichigan Supreme Court · 1909
- Carswell v. State Ex Rel. MarloweSupreme Court of Florida · 1935
- Auditor General v. OlezniczakMichigan Supreme Court · 1942
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