Illinois Central Railroad v. Crudup
Mississippi Supreme Court
Appeal from the Circuit Court of Montgomery County. Hon. C. H. Campbell, Judge. The case is stated in the opinion of the court. 1. The motion in arrest of judgment should have been sustained. The want of a right of action in the given case is matter of substance not cured by the Code of 1880. The action is not brought for the use of any person. It could not be brought for the use of the mother and brothers and sisters, here or in Tennessee.
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Appeal from the Circuit Court of Montgomery County. Hon. C. H. Campbell, Judge. The case is stated in the opinion of the court. 1. The motion in arrest of judgment should have been sustained. The want of a right of action in the given case is matter of substance not cured by the Code of 1880. The action is not brought for the use of any person. It could not be brought for the use of the mother and brothers and sisters, here or in Tennessee. In case of injuries resulting in death, if there is a father or any one of the group of persons mentioned in our statute as succeeding to the right of…
1Opinion of the CourtCooper, C. J.
George A. Crudup, an unmarried son of the appellee, was fatally injured in a collision between two trains of the appellant at a point in the State of Tennessee, and died a few days thereafter from the effect of such injury. He was serving upon one of the colliding trains as mail agent and was in the performance of his duty at the time. The appellee, who, as father, is by the laws of Tennessee sole distributee and next of kin of the deceased, secured letters of administration upon the estate of the son in this State and brought this action to recover the damages which were sustained by the…
2Cases cited3 opinions
- Taylor v. Western Pacific RailroadCalifornia Supreme Court · 1873
- Nashville & Chattanooga Railroad v. SmithTennessee Supreme Court · 1871
- Nashville and Chattanooga Railroad Co. v. PrinceTennessee Supreme Court · 1871
3Cited by25 opinions
- Pullman Palace Car Co. v. LawrenceMississippi Supreme Court · 1897
- Williams v. Pope Manufacturing Co.Supreme Court of Louisiana · 1900
- Gulf, Colorado & Santa Fe Railway Co. v. YoungerTexas Supreme Court · 1897
- McNeill v. Railroad Co.Supreme Court of North Carolina · 1904
- Helena Gas Co. v. RogersSupreme Court of Arkansas · 1912
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