Legal Opinion

Carnego v. Crescent Coal Co.

Supreme Court of Iowa

Decided March 24, 1914PublishedCited by 19 opinions

Appeal from Mahaska District Court. — Hon. John F. Talbott, Judge. Action by a parent for the expenses and loss of services of a minor son, killed, as is alleged, by the negligent act of the defendant. From judgment against it, the defendant appeals.

1Opinion of the CourtLadd, C. J.

1. Infants : wrongiui death: recovery of burial expenses. The facts are sufficiently stated in Carnego v. Crescent Coal Company, 163 Iowa, 194, where the action was by the administrator of the estate of the deceased. In this action the father sought to recover for expenses of burial and loss of services, to which Would have been entitled had his son lived until he attained majority. Appellant first contends that there can be no recovery in such a ease for funeral expenses. At the common law it was the duty of the father to inter his child upon death decently and to defray the necessary…

2Cases cited32 opinions

  1. Wheeler v. Tyler Southeastern Railway Co.Texas Supreme Court · 1898
  2. Jones v. . MorganNew York Court of Appeals · 1882
  3. McMahon v. City of DubuqueSupreme Court of Iowa · 1898
  4. Gumb v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889
  5. Louisville, New Albany & Chicago Railway Co. v. GoodykoontzIndiana Supreme Court · 1889

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3Cited by19 opinions

  1. Mattfeld v. NesterSupreme Court of Minnesota · 1948
  2. Wardlow v. City of KeokukSupreme Court of Iowa · 1971
  3. Reutkemeier v. NolteSupreme Court of Iowa · 1917
  4. Ege v. BornSupreme Court of Iowa · 1931
  5. Killion v. DinklageNebraska Supreme Court · 1931

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