Legal Opinion

Copeland v. City of Seattle

Washington Supreme Court

Decided December 10, 1903No. 4785PublishedCited by 17 opinions

Appeal from a judgment of the superior court for King county, Morris, J., entered June 30, 1903, upon sustaining a demurrer to the complaint, dismissing an action for damages for a death caused by negligently throwing a timber from the roof of a building into the street.

1Opinion of the CourtFullerton, C. J.

In this action the appellant, as executor of the estate of William Copeland, deceased, sought to recover damages for the death of his testator, caused, as he alleges, by the wrongful and negligent acts of the respondents. The respondents separately interposed demurrers to the complaint on the grounds, among others, that the appellant had no legal capacity to sue, and that the complaint failed to state facts sufficient to constitute a cause of action; which demurrers the trial court sustained, entering a judgment’ of dismissal after the appellant had elected to abide by his complaint.

For a…

2Cases cited13 opinions

  1. Munro v. Pacific Coast Dredging & Reclamation Co.California Supreme Court · 1890
  2. Hedrick v. Ilwaco Railway & Navigation Co.Washington Supreme Court · 1892
  3. Louisville & Nashville Railroad v. SandersCourt of Appeals of Kentucky · 1887
  4. Henderson's Adm'r v. Ky. Cent. R. R.Court of Appeals of Kentucky · 1887
  5. Belding v. Black Hills & Ft. P. R.South Dakota Supreme Court · 1892

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3Cited by17 opinions

  1. Whitley v. Spokane & Inland Railway Co.Idaho Supreme Court · 1913
  2. Splinter v. City of NampaIdaho Supreme Court · 1953
  3. Whittlesey v. City of SeattleWashington Supreme Court · 1917
  4. Hogan v. HermannIdaho Supreme Court · 1980
  5. Salt Lake City v. SchubachUtah Supreme Court · 1945

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