Legal Opinion

McKinney v. Adams

Supreme Court of Florida

Decided November 6, 1914PublishedCited by 25 opinions

Writ of error to Circuit Court for Duval County; Geo. Couper Gibbs, Judge.

1Opinion of the Court

Whitfield, J.,

(After stating the facts) — This action is brought under Sections 3145 and 3146 of the General Statutes of 1906, to recover “such damages as the party entitled to sue may have sustained by reason of the death of the párty killed.” When the decedent could have recovered for her injury if her “death had not ensued,” then her administrator has a right of action under the statute, the decedent leaving no husband or minor child, nor any person dependent on her for a support. The question here is the right to recover, not the amount of the “damages * * * sustained by reason of the…

2Cases cited9 opinions

  1. Florida East Coast Railway Co. v. HayesSupreme Court of Florida · 1914
  2. Jacksonville Electric Co. v. BowdenSupreme Court of Florida · 1907
  3. Turlington v. Tampa Electric Co.Supreme Court of Florida · 1911
  4. Larkin v. Saltair Beach Co.Utah Supreme Court · 1905
  5. Decatur Amusement Park Co. v. PorterAppellate Court of Illinois · 1907

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3Cited by25 opinions

  1. Des Isles v. EvansCourt of Appeals for the Fifth Circuit · 1952
  2. Ide v. City of St. CloudSupreme Court of Florida · 1942
  3. Littleton v. StateHawaii Supreme Court · 1982
  4. Pickett v. City of JacksonvilleSupreme Court of Florida · 1945
  5. Park Circuit Realty Co. v. Ringo's GuardianCourt of Appeals of Kentucky (pre-1976) · 1932

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