Norton v. Crescent City Ice Mfg. Co.

ROGERS, Justice.

The plaintiffs, sole survivors of William S. Norton, seek in this suit to recover for the direct losses suffered by them in the alleged wrongful death of their father. In a prior suit the same plaintiffs had asserted their claims for damages under the transmitted rights of their deceased parent.

In the first suit, when called upon to do so, plaintiffs refused to amend their pleadings so as to include in their demand their claims for direct losses; and the case was tried solely on plaintiffs’ demand for recovery on their transmitted claims, resulting in a judgment in their favor…