State ex rel. Baltimore & Ohio Railroad v. Daugherty

Haymond, President,

dissenting:

I can not agree to the decision of the majority of this Court in the instant cases which, in my opinion, is not only clearly erroneous but also creates uncertainty and confusion in the administration and the settlement of estates of decedents in this jurisdiction and, by imposing personal liability for costs upon a personal representative who unsuccessfully prosecutes an action for the wrongful death of his intestate, in effect renders inoperative the provisions of Sections 5 and 6, Article 7, Chapter 55, Code, 1931, which respectively create a cause of action *152for…