Major v. Burlington, Cedar Rapids & Northern Railway Co.
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. H. M. Bemxey, Judge. The plaintiff is the widow of Benton E. Major/ who, as she alleges in her petition, was killed by the wrongful act of defendant, and she thereby deprived of his love, society, companionship, support, and maintenance, to her damage in the sum of $10,000, for which she asks judgment. The defendant’s demurrer — in effect, that plaintiff could not maintain the action — was sustained.
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Appeal from Linn District Court. — Hon. H. M. Bemxey, Judge. The plaintiff is the widow of Benton E. Major/ who, as she alleges in her petition, was killed by the wrongful act of defendant, and she thereby deprived of his love, society, companionship, support, and maintenance, to her damage in the sum of $10,000, for which she asks judgment. The defendant’s demurrer — in effect, that plaintiff could not maintain the action — was sustained. As she failed to amend, her petition was dismissed, and she appeals.-
1Opinion of the CourtLadd, C. J.
1 Can a widow maintain an action for damages resulting to her individually from the wrongful killing of her husband ? Were it not for the almost unbroken line of authority to the contrary, little difficulty, we apprehend, would be experienced in vindicating suqh right, a.t the pommon law, upon grounds suggested by many eminent jurists. See Sullivan v. Railroad Co., 3 Dill. 334 (Fed. Cas. No. 13,599); Opinion of Bramwell, B., in Osborn v. Gillet, L. R. 8 Exch. 93, sustained by an article by B. T. Box in 12 Central Law Journal, 464; James v. *311Christy, 18 Mo. 162; Cross v. Guthery, 2 Root, 90 (1…
2Cases cited21 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Insurance Co. v. BrameSupreme Court of the United States · 1878
- Connecticut Mutual Life Insurance v. New York & New Haven RailroadSupreme Court of Connecticut · 1856
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Hubgh v. New Orleans & Carrollton RailroadSupreme Court of Louisiana · 1851
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3Cited by25 opinions
- Acuff v. SchmitSupreme Court of Iowa · 1956
- Weitl v. MoesSupreme Court of Iowa · 1981
- Anderson v. LintonCourt of Appeals for the Seventh Circuit · 1949
- In Re Estate of DanielSupreme Court of Minnesota · 1940
- Rowe v. RichardsSouth Dakota Supreme Court · 1913
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