Legal Opinion

Kanton v. Kelly

Washington Supreme Court

Decided November 15, 1911No. 9694PublishedCited by 11 opinions

Appeal from a judgment of the superior court for King county, Albertson, J., entered March 28, 1911, upon granting a nonsuit, after a trial before the court and a jury, in an action for wrongful death.

1Opinion of the CourtChadwick, J.

— This appeal is prosecuted from an order of dismissal entered upon a challenge to the evidence. Michael Kanton lost his life while in the employ of the respondent, and his parents brought'suit to recover damages under the act of 1909, Rem. & Bal. Code, § 183, which extended the right to recover damages for the death of any person to his dependents. The parts of the statute which are material to our inquiry follow:

“No action for a personal injury to any person occasioning his death shall abate, nor shall such right of action determine, by reason of such death, if he have a wife or child…

2Cases cited11 opinions

  1. Boyle v. Columbian Fire Proofing Co.Massachusetts Supreme Judicial Court · 1902
  2. Missouri Pacific Railway Co. v. LeeTexas Supreme Court · 1888
  3. Mulhall v. FallonMassachusetts Supreme Judicial Court · 1900
  4. Hedrick v. Ilwaco Railway & Navigation Co.Washington Supreme Court · 1892
  5. Bortle v. Northern Pacific Railway Co.Washington Supreme Court · 1910

6 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Mesher v. OsborneWashington Supreme Court · 1913
  2. Mitchell v. RiceWashington Supreme Court · 1935
  3. Shafer v. United States Casualty Co.Washington Supreme Court · 1916
  4. Baird v. Northern Pacific Railway Co.Washington Supreme Court · 1914
  5. Grant v. Libby, McNeill LibbyWashington Supreme Court · 1927

6 more not listed; retrieve them via the Exa API.

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