Western Union Tel. Co. v. McGill
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Kansas. At Law. Action by Thomas McGill, and by Bichard Lambert McGill, and Jessie Margaret McGill, by tlieir next friend, Thomas McGill, against the Western Union Telegraph Company, to recover for the death of Bebecca G. McGill, resulting from the wrongful act of defendant. Judgment was given for plaintiffs. Defendant brings error.
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In Error to the Circuit Court of the United States for the District of Kansas. At Law. Action by Thomas McGill, and by Bichard Lambert McGill, and Jessie Margaret McGill, by tlieir next friend, Thomas McGill, against the Western Union Telegraph Company, to recover for the death of Bebecca G. McGill, resulting from the wrongful act of defendant. Judgment was given for plaintiffs. Defendant brings error. Statement by SAjSBQKN, Circuit Judge: The Western Union Telegraph Company, the plaintiff in error, brings this wilt to reverse a judgment against it in favor of Idiomas McGill, Richard Lambert…
1Opinion of the CourtSanborn, Circuit Judge
Under the common law no one could maintain an action for the negligent killing of another; no one was entitled to damages for such an act. The first change in the common-law rule was made in England by Lord Campbell’s act, (9 & 10 Viet. c. 93, p. 693,) which provided that, whenever the death of any person should be caused by the wrongful act, neglect, or default of another, in such a manner as would have entitled the party injured to have maintained an action in respect thereof if death had not ensued, an action might be maintained if brought within 12 months after the death of such person in…
2Cases cited15 opinions
- City of Chicago v. MajorIllinois Supreme Court · 1857
- Chicago & Rock Island Railroad v. MorrisIllinois Supreme Court · 1861
- Murdock v. . WardNew York Court of Appeals · 1876
- St. Louis, I. M. & S. Ry. Co. v. NeedhamCourt of Appeals for the Eighth Circuit · 1892
- Jeffersonville Railroad v. Swayne's AdministratorIndiana Supreme Court · 1866
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3Cited by15 opinions
- Big Jack Mining Co. v. ParkinsonSupreme Court of Oklahoma · 1913
- Whittlesey v. City of SeattleWashington Supreme Court · 1917
- Swift & Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1905
- Young v. O'KEEFESupreme Court of Iowa · 1955
- Tackett v. TackettSupreme Court of Oklahoma · 1935
10 more not listed; retrieve them via the Exa API.