Kelley v. Union Pacific Railway Co.
Supreme Court of Colorado
Error to Pistriot Court of Arapahoe Coxmty. The amended complaint, inter alia, states in substance: That one Edward S. Kelley died intestate February 21, 1889, and that plaintiff is his duly appointed and qualified administratrix.
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Error to Pistriot Court of Arapahoe Coxmty. The amended complaint, inter alia, states in substance: That one Edward S. Kelley died intestate February 21, 1889, and that plaintiff is his duly appointed and qualified administratrix. That the defendant is a railway corporation duly organized; etc., and at the time of the happening of the grievances complained of was managing and operating a certain railroad between the city of Denver and the city of Leadviile, Colorado, as a common carrier of passengers and freight for hire. That the defendant had entered into a contract with the Pacific Express…
1Opinion of the CourtJustice Elliott
The several assignments of error present for determination but a single question: Did the cause of action stated in the amended complaint die with the person of Edward S. Kelley, or did it survive to his personal representative?
The maxim, “ Actio personalis moritur eum persona,” is as old as the common law itself. Nevertheless, for more five hundred years, or since the reign of Edward the III., the rule has been the subject of legislative modification both in England and America. It would serve no useful purpose to attempt to trace the various changes of the ancient rule. The general rule…
2Cases cited8 opinions
- Needham v. Grand Trunk Railway Co.Supreme Court of Vermont · 1865
- Lemon v. ChanslorSupreme Court of Missouri · 1878
- Nevin v. Pullman Palace Car Co.Illinois Supreme Court · 1883
- Staley v. JamesonIndiana Supreme Court · 1874
- Toothaker v. City of BoulderSupreme Court of Colorado · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Publix Cab Co. v. Colorado National Bank of DenverSupreme Court of Colorado · 1959
- Gray v. BlightCourt of Appeals for the Tenth Circuit · 1940
- Sperbeck v. A. L. Burbank & Co., IncCourt of Appeals for the Second Circuit · 1951
- Home Insurance v. A. T. & S. F. R. R.Supreme Court of Colorado · 1893
- Micheletti v. MoidelSupreme Court of Colorado · 1934
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