Sanders' Adm'x v. Louisville & N. R.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Middle District of Tennessee. This action was brought by Kate G. Sanders, administratrix of Martin J. Sanders, deceased, against the Louisville & Nashville Railroad Company, for negligently causing the death of the deceased. The declaration averred that Martin J. Sanders was unmarried and without issue, and left surviving him his father, Martin Sanders, his mother, one brother, and four sisters.
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In Error to the Circuit Court of the United States for the Middle District of Tennessee. This action was brought by Kate G. Sanders, administratrix of Martin J. Sanders, deceased, against the Louisville & Nashville Railroad Company, for negligently causing the death of the deceased. The declaration averred that Martin J. Sanders was unmarried and without issue, and left surviving him his father, Martin Sanders, his mother, one brother, and four sisters. Subsequently an amended declaration was filed, which averred that the 'father, Martin Sanders, for a valuable consideration before this suit…
1Opinion of the CourtLurton, Circuit Judge
The right of action in the state of Tennessee for the negligent death, of a human being is purely statutory. We must therefore look to the statute to determine when and in whose favor the right of action survives, and by whom such an action may be brought. Railway Co. v. Lilly, 90 Tenn. 564, 18 S. W. 243; Loague v. Railroad Co., 91 Tenn. 458, 19 S. W. 430; Railroad Co. v. Bean, 94 Tenn. 388, 29 S. W. 370; Railway Co. v. Hooper, 35 C. C. A. 24, 92 Fed. 820. This action was brought under sections 4025 and 4026 of Shannon’s Revision, which are as follows;
“See. 4023. The right of action which a…
2Cases cited6 opinions
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- Railroad v. BeanTennessee Supreme Court · 1895
- Loague v. RailroadTennessee Supreme Court · 1892
- Webb v. Railway Co.Tennessee Supreme Court · 1889
- Atlanta, K. & N. Ry. Co. v. HooperCourt of Appeals for the Sixth Circuit · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Van Beeck v. Sabine Towing Co.Supreme Court of the United States · 1937
- Orr v. AhernSupreme Court of Connecticut · 1928
- Swift & Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1905
- Betz v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1926
- Hammond v. Lewiston, Augusta & Waterville Street RailwaySupreme Judicial Court of Maine · 1909
10 more not listed; retrieve them via the Exa API.