Kansas Pacific Rly. Co. v. Cutter
Supreme Court of Kansas
Error from Riley District Court. Action by Ml’S. Cutter as administratrix, to recover damages sustained by the next of kin of one Joseph Stewart, deceased.
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Error from Riley District Court. Action by Ml’S. Cutter as administratrix, to recover damages sustained by the next of kin of one Joseph Stewart, deceased. The petition alleged the death of said Stewart by the wrongful'pets, negligence and mismanagement of the Railway Company while he was a passenger in the cars of said company between Manhattan and Ogden, in Riley county, in this state, in August 1872. It named the heirs and next of kin of said Stewart, and alleged that in September 1872, “letters of administration upon the estate of the said Joseph Stewart were duly issued by the probate…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The first question in this case is, whether a foreign administrator can maintain an action under § 422 of the code of civil procedure. We think he can. The section provides that, “When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived, against the latter for an injury, for the same act or omission.” Now the language is general, purports to give the cause of action in…
2Cases cited3 opinions
- Hartford & New Haven Railroad v. AndrewsSupreme Court of Connecticut · 1869
- Furrow v. ChapinSupreme Court of Kansas · 1874
- French v. PeaseSupreme Court of Kansas · 1872
3Cited by16 opinions
- McCarthy v. Chicago, Rock Island & Pacific RailroadSupreme Court of Kansas · 1877
- Perry v. Saint Joseph & Western RailroadSupreme Court of Kansas · 1883
- Peck v. NoeeCalifornia Supreme Court · 1908
- Louisville & Nashville Railroad v. WilliamsSupreme Court of Alabama · 1896
- Saint Louis, Iron Mountain & Southern Railway Co. v. CleereSupreme Court of Arkansas · 1905
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