Hyde v. Wabash, St. Louis & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Mills Circuit Court. Action for a personal injury. The plaintiff alleges in his petition, in substance, tliat be is tlie administrator of the estate of J. W. Hyde, deceased; that the defendant is engaged in the business of a common carrier, and as such is running its trains from Malvern, Mills county, Iowa, to some point in the state of Missouri; that in November, 1879, the defendant received from one Wearen certain live stock at its station at Malvern for…
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Appeal from Mills Circuit Court. Action for a personal injury. The plaintiff alleges in his petition, in substance, tliat be is tlie administrator of the estate of J. W. Hyde, deceased; that the defendant is engaged in the business of a common carrier, and as such is running its trains from Malvern, Mills county, Iowa, to some point in the state of Missouri; that in November, 1879, the defendant received from one Wearen certain live stock at its station at Malvern for transportation; that the plaintiff’s intestate was engaged in aiding said Wearen in the transportation of said stock, and in…
1Opinion of the CourtAdams, J.
At common law no action can be maintained for an injury resulting in death. Baker v. Bolton, 1 Camp., 493; Carey v. Berkshire R. R. Co., 1 Cush., 475.; Palfrey v. Portland, Saco & Portsmouth R. R. Co., 4 Allen, 55. The injury in this case resulting in death, no action can be *443maintained for it, unless by reason of a statute. So far, we presume, there is no controversy.
The plaintiff does not aver that there is any statute of Missouri giving him a right of action, and we presume that; he does not rely upon such statute. He shows, indeed, by his argument that he relies upon a statute of Iowa. The…
2Cases cited4 opinions
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Richardson v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- Brock v. MilliganOhio Supreme Court · 1840
- State v. Pittsburgh & Connellsville Rail RoadCourt of Appeals of Maryland · 1876
3Cited by25 opinions
- Grant v. McAuliffeCalifornia Supreme Court · 1953
- Alabama Great Southern Railroad v. CarrollSupreme Court of Alabama · 1892
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Burns v. Grand Rapids & Indiana RailroadIndiana Supreme Court · 1888
- Ormsby v. ExecutorsSupreme Court of the United States · 1933
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