Penoza v. Northern Pac. Ry. Co.
District Court, W.D. Washington
At Law. Action by Joseph Penoza and another against the Northern Pacific Railway Company. On motion to strike an allegation of mental suffering, pain, and anguish from plaintiff’s amended complaint.
1Opinion of the Court
NETERER, District Judge.
The plaintiffs have instituted action against the defendant for damages on account of the death of plaintiffs’ minor son, alleged to have been caused by the negligence of the defendant, and allege as a basis for recovery,- as follows:
“Thereby causing plaintiff great mental suffering, pain, and anguish, and damages through the loss of his services.”
The defendant has filed a motion to strike from the complaint “great mental suffering, pain, and anguish,” on the ground that it is incompetent, irrelevant, and immaterial.
*201[1,2] The question for decision is the right of…
2Cases cited11 opinions
- Hedrick v. Ilwaco Railway & Navigation Co.Washington Supreme Court · 1892
- Mesher v. OsborneWashington Supreme Court · 1913
- Morgan v. Southern Pac. Co.California Supreme Court · 1892
- Atkeson v. Jackson EstateWashington Supreme Court · 1913
- Bortle v. Northern Pacific Railway Co.Washington Supreme Court · 1910
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3Cited by1 opinion
- Jerome Byrnes v. United StatesCourt of Appeals for the Ninth Circuit · 1964