Roose v. Perkins
Nebraska Supreme Court
Error to the district court for Seward coünty. Tried below before Post, J. The facts appear in the opinion. 1. There is a defect of parties plaintiff. The action should have been brought by the legal representatives of the deceased. The widow cannot maintain the action.
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Error to the district court for Seward coünty. Tried below before Post, J. The facts appear in the opinion. 1. There is a defect of parties plaintiff. The action should have been brought by the legal representatives of the deceased. The widow cannot maintain the action. Statutes, 272, secs. 1,2; p. 853, sec. 577. Davis v. Justice, 31 Ohio State, 364. Weidner v. Banian, 26 Ohio State, 522. If it be claimed that the widow and' children can maintain an action, yet they cannot maintain a joint action, for it is a well settled rule of law that a joint action cannot be maintained against a common…
1Opinion of the Court
Maxwell, Oh. J.
Eliza Perkins, one of the defendants herein, brought an action in the district' court of Seward county, in her own behalf, and as next friend for her eight minor children, against Charles Hackworth, and the firms of Rummel & Goodbred, Kuhlenkamp & Weber, and Roose Bros. & Wolf, keepers of the various saloons in the town of Seward, to recover the sum of $10,000 for injuries sustained by herself and children by the death of her husband, caused by liquors sold and furnished to him by the saloon keepers above named, whereby the means of support of herself and children were cut off…
2Cases cited5 opinions
- Hackett v. SmelsleyIllinois Supreme Court · 1875
- Mills v. MillerNebraska Supreme Court · 1873
- Rafferty v. BuckmanSupreme Court of Iowa · 1877
- Boyer v. BarrNebraska Supreme Court · 1878
- City of Hastings v. ThorneNebraska Supreme Court · 1879
3Cited by32 opinions
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Mead v. . StrattonNew York Court of Appeals · 1882
- Gran v. HoustonNebraska Supreme Court · 1895
- Robinson v. Helena Light & Ry. Co.Montana Supreme Court · 1909
- Brockway v. PattersonMichigan Supreme Court · 1888
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