Serensen v. Northern Pac. R.
U.S. Circuit Court for the District of Montana
At Law. On motion for new trial. The language of section 2 of the statute under which this action for negligently causing the death of plaintiff’s intestate was brought is as follows: “Every such action shall be brought by and in the name of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next…
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At Law. On motion for new trial. The language of section 2 of the statute under which this action for negligently causing the death of plaintiff’s intestate was brought is as follows: “Every such action shall be brought by and in the name of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin in the proportion provided by law in relation to the distribution of personal property left by persons dying…
1Opinion of the CourtKnowles, J.
This is an action on the part of Andrew Serensen, as the legal representative of Niels Serensen, deceased, against the Northern Pacific Railroad Company, for damages for negligently causing the death of the said Niels Serensen. The cause was tried with a jury, who found a verdict for plaintiff, and assessed his damages in the sum of $1,750.
The defendant has moved the court for a new trial upon substantial^ the following grounds: (1) The complaint does not state facts sufficient to constitute a cause of action in this: there is no allegation in the same that the deceased had any next of kin,…
2Cases cited12 opinions
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- Holton v. DalyIllinois Supreme Court · 1882
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Propeller Monticello v. MollisonSupreme Court of the United States · 1855
- Chicago & Alton Railroad v. ShannonIllinois Supreme Court · 1867
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3Cited by6 opinions
- Whitley v. Spokane & Inland Railway Co.Idaho Supreme Court · 1913
- Sprouse v. MagesIdaho Supreme Court · 1928
- Barr v. Southern California Edison Co.California Court of Appeal · 1914
- Smelser v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1914
- Haug v. Great Northern Railway Co.North Dakota Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.