Atlanta, K. & N. Ry. Co. v. Hooper
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Tennessee. This is a writ of error to a judgment rendered by the circuit court in favor of the plaintiff, administrator of J. W. Lebow, deceased, against the Atlanta, Knoxville & Northern Railway Company.
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In Error to the Circuit Court of the United States for the Eastern District of Tennessee. This is a writ of error to a judgment rendered by the circuit court in favor of the plaintiff, administrator of J. W. Lebow, deceased, against the Atlanta, Knoxville & Northern Railway Company. The declaration was filed in the circuit court of Knox county, Tenn., November 15, 1897. In the declaration the plaintiff averred: “Plaintiff, S. M. Hooper, administrator of the estate of J. W. Lebow, deceased, brings this action as such administrator, and for the benefit of Mariah Lebow, the mother of the…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts as above). The sole question presented upon this record is whether, when an administrator, under the present Code of Tennessee, brings his suit to recover damages for the wrongful death of his intestate, and avers in his petition that he brings the suit for the benefit of one person as the-intestate’s next of kin, and subsequently substitutes in his declaration for that person the name of another as next of kin, this is a change of the cause of action, such that the statute of limitations runs to the date of the amendment. The sections of the statutes of Tennessee…
2Cases cited5 opinions
- Railroad v. BeanTennessee Supreme Court · 1895
- Loague v. RailroadTennessee Supreme Court · 1892
- Webb v. Railway Co.Tennessee Supreme Court · 1889
- Railway Co. v. LillyTennessee Supreme Court · 1891
- Railroad v. PittTennessee Supreme Court · 1892
3Cited by13 opinions
- Ross v. RobinsonOregon Supreme Court · 1944
- Love v. Export Storage Co.Court of Appeals for the Sixth Circuit · 1906
- Illinois Cent. R. v. PorterCourt of Appeals for the Sixth Circuit · 1913
- Lanis v. Illinois Cent. R. Co.Supreme Court of Louisiana · 1916
- Cincinnati, H. & D. R. v. ThiebaudCourt of Appeals for the Sixth Circuit · 1900
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