Death by Wrongful Act: A Treatise on the Law Peculiar to Actions for Injuries Resulting in Death, Including the Text of the Statutes and an Analytical Table of Their Provisions

Naslovnica
Vernon Law Book Company, 1913 - Broj stranica: 646
 

Sadržaj

Reason for the rule 13 Merger 14 Forfeiture 15 Actio personalis moritur cum persona 16 Public policy
16
Limitation of the rule
20
Right of action where death is caused by breach of contract
21
TIFF DEATH W A 2D ED ix
33
Survival
37
CHAPTER III
41
Employers Liability
44
Intentional killing
64
Death caused by negligence
65
Contributory negligence of deceased 661 Deceaseds violation of law as contributory negligence
66
Imputed negligence
67
Imputed negligence in action for death of child
68
Contributory negligence of beneficiariesIn general
69
SameIn action by beneficiaries
70
Same In action by personal representative
71
Same Where some but not all beneficiaries are negligent
72
Instantaneous death
73
General death
87
441 Michigan
89
442 Mississippi
91
Colorado 941 Florida
94
Missouri
95
Indiana
96
Iowa 971 Kansas
97
451 Montana
101
Nevada 47 New Hampshire
103
New Mexico
105
North Carolina
106
491 Ohio 50 Oklahoma
107
50a Oregon
108
Pennsylvania
109
Rhode Island
110
South Dakota
111
Tennessee
112
Texas
115
Instantaneous death under statutes providing for survival of action 75 Instantaneous deathConnecticut Iowa Louisiana Tennes
129
1481 Utah
133
Proximate cause of death
177
Death resulting from neglect of statutory duty
185
Death resulting from liquor sold by defendant
189
Felonious killing
191
CHAPTER V
194
Virginia
196
Widow and next of
199
Whether husband is next of
200
Posthumous child
202
Illegitimate child
204
Aliens
205
Survival of right of beneficiary
210
Assignment of right of beneficiary
215
Distribution
217
CHAPTER VI
222
Lord Campbells act 92 Alabama
223
Massachusetts 102 Mississippi
228
Missouri
231
1031 Montana 104 New Mexico 1041 North Dakota
233
Heirs 115 Guardian 116 Right to sue confined to statutory plaintiffs
251
Joinder of parties
252
Who may be sued
253
Abatement on death of wrongdoer
255
Arkansas
256
CHAPTER VII
257
When the time begins to
262
Notice of claim and special limitation
267
Washington
284
CHAPTER IX
286
West Virginia
320
581 Wisconsin 59 Miners acts
321
CHAPTER IV
322
No damages for solatium
324
Exemplary damages
328
No damages for injury to deceased
329
Medical and funeral expenses
330
Meaning of pecuniary
332
Reasonable expectation of benefit
333
Death of husband and father of minor
335
Death of husbandEvidence of number of children
341
Death of parent of minorLoss of education and personal training
343
Death of wifeLoss of service
346
Death of minor childLoss of service
348
Death of minor childExpectancy of benefit after majority
361
Loss of prospective gifts and inheritance
364
Loss of prospective gifts
365
Loss of prospective giftsDeath of adult child
366
Loss of prospective giftsDeath of parent of adult child
371
Loss of prospective giftsDeath of collateral relative
375
Loss of prospective inheritance
378
Rule of damages in New York
383
Evidence of pecuniary condition of beneficiaries
391
Expectation of lifeLife tables
395
When action lies 61 The wrongful act neglect or default 62 Wrongful
396
Interest as damages
398
Reduction of damages
400
Discretion of juryInstructions
402
Excessive verdictReduction of amount
403
Inadequate verdict
404
Nominal damages
406
CHAPTER XI
408
CHAPTER XII
426
Verdict of acquittalCoroners verdict 194 Declarations and admissions of the deceased
434
CHAPTER XIII
436
Action based on foreign statuteJurisdiction denied
450
1981 Action based on penal statute
455
Death on navigable waters within the state
456
Death on high seas on vessel owned in state
458
2001 Action under foreign statuteSubstantive rights
459
Who may sue under a foreign statute
461
Pleading foreign statute
464
TIFF DEATH W A 2D ED b
481
931 California
93
Act or neglect must be such that party injured might have maintained action
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Popularni odlomci

Stranica 488 - Be it therefore enacted . . . that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Stranica 513 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Stranica 532 - ... provided by law in relation to the distribution of personal property left by persons dying intestate...
Stranica 499 - A father, or in case of his death or desertion of his family, the mother, may maintain...
Stranica 121 - Territory and another, or between any such Territory or territories and any State or states or the District of Columbia, or with foreign nations, or between the District of Columbia and any State or states or foreign nations, is hereby declared illegal.
Stranica 123 - Columbia and any of the states or territories and any foreign nation or nations shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or in case of the death of such employee to his or her personal representative...
Stranica 529 - ... death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Stranica 543 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived, against the latter for an injury for the same act or omission.
Stranica 526 - When the death of a person, not being a minor, is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death...
Stranica 123 - ... for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier...

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