Legal Opinion
Webster v. Norwegian Mining Co.
California Supreme Court
Decided October 2, 1902No. Sac. No. 963PublishedCited by 31 opinions
The facts are stated in the opinion of the court.
1Opinion of the CourtGaroutte, J.
The administrator of the estate of Walton Smith, deceased, brings this action against defendant to recover damages for the death of said Smith, the complaint ' alleging that his death was occasioned by and through the negligence of defendant. There is no allegation in the complaint to the effect that the deceased, Smith, left any heirs, and it is now claimed by defendant that the failure to make this allegation renders the pleading fatally defective.
By direct authorization of the Code of Civil Procedure (sec. 377), the administrator of an estate may bring an action to recover damages for the…
2Cases cited3 opinions
- Munro v. Pacific Coast Dredging & Reclamation Co.California Supreme Court · 1890
- Burk v. Arcata & Mad River RailroadCalifornia Supreme Court · 1899
- Safford v. DrewThe Superior Court of New York City · 1854
3Cited by31 opinions
- Justus v. AtchisonCalifornia Supreme Court · 1977
- Salmon v. RathjensCalifornia Supreme Court · 1907
- Bartolozzi v. MallegniCalifornia Supreme Court · 1921
- In Re the Estate of MillimanArizona Supreme Court · 1966
- Turon v. J. & L. CONSTRUCTION CO.Supreme Court of New Jersey · 1952
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