Loague v. Railroad
Tennessee Supreme Court
FROM SHELBY. Appeal in error from Circuit Court of Shelby County. L.’ II. Estes, J.
1Opinion of the CourtLurtoN, J.
Mattie Curry, as widow of John W. Curry, brought an action against the defendant railway company for the negligent killing of her *459husband. Pending this suit, she died, and John Loague, as her administrator, moved the Court to permit him to revive the suit in his name. This motion was resisted by the defendant, and overruled by the Court.
At the common law, the right of action for personal injuries died with the person injured.
By our Act of 1851-52, carried into the Code as §§ 8130, 3131 (M. & V.), the rule of the common law was so far modified as to save the right of action of a person dying…
2Cases cited1 opinion
- Railway Co. v. LillyTennessee Supreme Court · 1891
3Cited by22 opinions
- Felton v. SpiroCourt of Appeals for the Sixth Circuit · 1897
- Davidson Benedict Co. v. SeversonTennessee Supreme Court · 1902
- Love v. Southern Railway Co.Tennessee Supreme Court · 1901
- Heald v. WallaceTennessee Supreme Court · 1902
- Railroad v. BeanTennessee Supreme Court · 1895
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