Flanagan v. Mayor & Council of Wilmington
Superior Court of Delaware
This was an action on the case founded on the recent statute in relation to injuries or death occasioned by unlawful violence or negligence, the second section of which provides that “ whenever death shall he occasioned by unlawful violence or negligence, and no suit be brought by the party injured to recover damages during his or her life, the widow of any such deceased person, or if there be no widow, the personal representatives may maintain an action and recover damages…
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This was an action on the case founded on the recent statute in relation to injuries or death occasioned by unlawful violence or negligence, the second section of which provides that “ whenever death shall he occasioned by unlawful violence or negligence, and no suit be brought by the party injured to recover damages during his or her life, the widow of any such deceased person, or if there be no widow, the personal representatives may maintain an action and recover damages for the death thus occasioned. Rev. Code Amend. 664. John Flanagan was the father of Henry Flanagan, the deceased, who…
1Opinion of the Court
Whiteley.
Was not the true measure of the damages in such a ease, the value of the life so lost, and occasioned by the negligence of the' defendant ? And was not that the meaning and true import of the statute ? Suppose a boy of seven or eight years of age were mortally injured, but not instantly killed, on a railroad by reason of the negligence of the company or its servants, and he should bring suit therefor, and pending it, should die of the injury, under the first section of the statute the suit would survive, and his administrator on being made a party to it, might prosecute it to…
2Cases cited14 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Hartfield v. RoperNew York Supreme Court · 1839
- City of Chicago v. MajorIllinois Supreme Court · 1857
- City of Detroit v. BlackebyMichigan Supreme Court · 1870
- Congreve v. . SmithNew York Court of Appeals · 1858
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