Southern Pacific Co. v. Wilson
Arizona Supreme Court
APPEAL from a judgment of the District Court of the First Judicial District in and for the County of Pima. John H. Campbell, Judge. The facts are stated in the opinion. In an action for wrongful death, a petition is fatally defective which discloses no survivor entitled by law to support by the person deceased, and in which with reference to such, survivor as is described there is no averment of pecuniary injury. Chicago etc. By.
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APPEAL from a judgment of the District Court of the First Judicial District in and for the County of Pima. John H. Campbell, Judge. The facts are stated in the opinion. In an action for wrongful death, a petition is fatally defective which discloses no survivor entitled by law to support by the person deceased, and in which with reference to such, survivor as is described there is no averment of pecuniary injury. Chicago etc. By. Co. v. Van Bushirh, 58 Neb. 252,. 78 N. W. 514; Chicago etc. By. Co. v. Bond, 58 Neb. 385, 78; N. W. 710, 6 Am. Neg. Rep. 116; Hurst v. By. Co., 84 Mich. 539, 48 N.…
1Opinion of the CourtKent, C. J.
The complaint in this action alleges that MacKenzie, while a passenger on a train of the defendant, met his death by reason of injuries received in a collision, and that such death was caused by the wrongful act, neglect, and default of the defendant; that at the time of his death the said MacKenzie left him surviving his father and other relatives, and that by reason of the premises the plaintiff, as administrator, has sustained damage to the estate in the sum of five thousand dollars. The demurrer of the defendant -was overruled, and upon the trial upon the issues raised by the general…
2Cases cited15 opinions
- Perham v. Portland Electric Co.Oregon Supreme Court · 1898
- Hedrick v. Ilwaco Railway & Navigation Co.Washington Supreme Court · 1892
- Rose v. Des Moines Valley R.Supreme Court of Iowa · 1874
- Kansas Pacific Railway Co. v. CutterSupreme Court of Kansas · 1877
- Madden's Adm'r v. C. & O. Railway Co.West Virginia Supreme Court · 1886
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3Cited by33 opinions
- Summerfield v. Superior Court, Maricopa Cty.Arizona Supreme Court · 1985
- Ladd v. HolmesOregon Supreme Court · 1901
- In Re the Estate of MillimanArizona Supreme Court · 1966
- Arizona Binghampton Copper Co. v. DicksonArizona Supreme Court · 1921
- Boies v. ColeArizona Supreme Court · 1965
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