Puget Sound Traction, Right & Power Co. v. Frescoln
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge. Action by Anna F. Frescoln against the Puget Sound Traction, Light & Power Company. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge. Action by Anna F. Frescoln against the Puget Sound Traction, Light & Power Company. Judgment for plaintiff, and defendant brings error. J. W. Frescoln brought action in the superior court of Kings county, Wash., against Puget Sound Traction, Right & Power Company, plaintiff in error here, to be called defendant, for $5,323 damages for injuries received while alighting from a car owned by the defendant. Upon issues framed trial was set for October 13,…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). From the foregoing statement the question for decision is whether, under the statutes of Washington, where one receives personal injuries as the result of the negligence of another and during his life begins an action to recover therefor, but before trial dies as a result of the injuries inflicted, and his widow, as administratrix and in her own right,, revives and carries on such action for personal injuries to judgment, an independent action for wrongful death will lie in favor of the widow. The statutes of the state which have to do with the matter are…
2Cases cited10 opinions
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Northern Pacific R. Co. v. AdamsSupreme Court of the United States · 1904
- Northern Pacific Railway Company v. AdamsSupreme Court of the United States · 1904
- Hedrick v. Ilwaco Railway & Navigation Co.Washington Supreme Court · 1892
- Swanson v. Pacific Shipping Co.Washington Supreme Court · 1910
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3Cited by1 opinion
- Helen Stein Gaudet, Administratrix of the Estate of Awtrey C. Gaudet, Sr. v. Sea-Land Services, Inc.Court of Appeals for the Fifth Circuit · 1972