Asher v. Cabell
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Texas. At Law. Action by Venia Asher and her husband, Thomas Asher, against William L. Cabell, formerly United States marshal, and his sureties, for permitting a prisoner to be killed by a. mob. Judgment for defendants on demurrer to the petition. Plaintiffs bring error.
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In Error to the Circuit Court of the United States for the Northern District of Texas. At Law. Action by Venia Asher and her husband, Thomas Asher, against William L. Cabell, formerly United States marshal, and his sureties, for permitting a prisoner to be killed by a. mob. Judgment for defendants on demurrer to the petition. Plaintiffs bring error. Statement by Pardee, Circuit Judge: This causo was heard in the court below on exceptions to the plaintiffs’ second amended original petition, which it seems necessary to give in full, as follows: “.By leave of the court, plaintiffs amend their…
1Opinion of the Court
Pardee, Circuit Judge.
It is well settled that by the common law no civil action lies for an injury to a person which results in his death. Insurance Co. v. Brame, 95 U. S. 754—756; Dennick v. Railroad Co., 103 U. S. 11-21; The Harrisburg, 119 U. S. 199-214, 7 Sup. Ct. Rep. 140. There is no statute of the United States giving such an action in the courts of the United States. It follows that, if such action can be maintained, authorities must be found therefor in the statute of the state wherein the injury occurred. Article 3128, Rev. St. Tex., is as follows:
“The common law of England (so far…
2Cases cited3 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Hendrick v. WaltonTexas Supreme Court · 1887
3Cited by21 opinions
- Roberts v. WilliamsCourt of Appeals for the Fifth Circuit · 1971
- Cohen v. United StatesDistrict Court, N.D. Georgia · 1966
- Farmer v. State for Use of RussellMississippi Supreme Court · 1955
- Roberts v. WilliamsCourt of Appeals for the Fifth Circuit · 1972
- State ex rel. Tyler v. GobinU.S. Circuit Court for the District of Indiana · 1899
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