A detailed analysis of the earlier statutes granting a right of action for death caused by a wrongful act.
Since no action causing death was recognized at common law, statutes were enacted to provide a remedy for death caused by wrongful act or negligence. This analytical treatise covers the early enactments in England as well as those states in the United States that had passed such laws by the time the book was written in 1893. The author has prepared a comparative chart spanning some 45 pages. The text of the book is devoted to the subjects of what constitutes a wrongful act, the beneficiaries, the parties, statutes of limitation, defenses, damages, pleadings, evidence, and jurisdiction.
No book reviews available.
Analytical Table |
xvii-xlv |
Text |
1-280 |
Appendix |
281-344 |
Table of Cases Cited |
345-365 |
Index |
367-396 |
CHAPTER I. THE COMMON LAW |
- No action for death at common law.
- Higgins v. Butcher.
- Baker v. Bolton.
- Lord Campbell's act.
- Osborn v. Gillett.
- Early American Cases.
- Carey v. Berkshire R. Co.
- Eden v. Lexington & F.R. Co.
- James v. Christy.
- Shields v. Yonge.
- Later American cases.
- Reason for the rule
- Merger.
- Forfeiture.
- Actio personalis veritur cum persona.
- Public policy.
- Limitation of the rule.
- Right of action where death is caused by breach of contract.
|
CHAPTER II. THE STATUTES |
- Lord Campbell's act.
- Scope of Lord Campbell's act.
- Provisions of the act.
- Distinguishing features of action.
- The act creates a new cause of action.
- Statutes similar to Lord Campbell's act.
- Statutes giving damages resulting from the death to the estate.
- Statutes providing for survival of right of action of party
injured.
- Georgia and Kentucky.
- Statutes granting remedy by indictment
- Massachusetts.
- Statutes granting additional remedies
- Constitutionality of statutes.
- Liberal or strict construction of statutes.
- Analytical table.
|
CHAPTER III. THE STATUTES (WHEN ACTION LIES) |
- Peculiar provisions.
- Alabama.
- Colorado
- Connecticut.
- Georgia.
- Indiana.
- Iowa.
- Kentucky.
- Louisiana.
- Maine.
- Massachusetts.
(a) Indictment.
(b) Civil Action.
(c) Employers' liability act.
- Missouri.
- Nevada.
- New Hampshire.
- New Mexico.
- North Carolina.
- North Dakota.
50a. Oregon
- Pennsylvania
- Rhode Island.
- South Dakota.
- Tennessee.
- Texas.
- Virginia.
- Washington.
- West Virginia.
- Miners' acts.
|
CHAPTER IV. THE WRONGFUL ACT, NEGLECT, OR
DEFAULT. |
- When action lies.
- The wrongful act, neglect, or default.
- "Wrongful."
- Act or neglect must be such that party injured might have
maintained action.
- Intentional killing.
- Death caused by negligence.
- Contributory negligence of deceased.
- Imputed negligence.
- Imputed negligence in action for death of child.
- Contributory negligence of beneficiaries a bar.
- Contributory negligence of parents in action by them a bar.
- Contributory negligence of beneficiaries not a bar in Iowa,
Virginia, and Ohio.
- Contributory negligence of personal representative no bar.
- Instantaneous death.
- Instantaneous death under statutes providing for survival of
action.
- Instantaneous death --- Connecticut, Iowa, Louisiana, Tennessee.
- Proximate cause of death.
- Death resulting from neglect of statutory duty.
- Death resulting from liquor sold by dendant.
- Felonious killing.
|
CHAPTER V. THE BENEFICIARIES. |
- Existence of beneficiaries essential.
- Otherwise in Virginia, West Virginia, and North Carolina.
- Widow and next of kin.
- Whether husband is next of kin.
- Posthumous child.
- Illegitimate child.
- Aliens.
- Survival of right of beneficiary.
- Assignment of right of beneficiary.
- Distribution
|
CHAPTER VI. PARTIES |
- Who may sue.
- Lord Campbell's act.
- Alabama.
- Arkansas.
- Colorado
- Georgia.
- Indiana.
- Iowa.
- Kentucky.
- Louisiana.
- Maryland
- Massachusetts.
- Mississippi
- Missouri.
- New Mexico.
- Pennsylvania
- Rhode Island.
- Tennessee.
- Texas.
- Executor or administrator.
- Foreign administrator.
- Appointment of administrator.
- Widow.
- Parents.
- Heirs.
- Guardian.
- Right to sue confined to statutory plaintiffs.
- Joinder of parties
- Who may be sued.
- Abatement on death of wrongdoer.
|
CHAPTER VII. STATUTES OF LIMITATION |
- Limitation of time for commencing action.
- Nature of limitation.
- When time begins to run.
- Notice of claim.
|
CHAPTER VIII. MATTERS OF DEFENSE |
- Release or recovery by party injured.
- Release or recovery by plaintiff or beneficiary.
- Cause of action of party inured survives by statute in some states
- Concurrent actions by administrator.
- Concurrent actions by parent or heirs and by administrator.
|
CHAPTER IX. DAMAGES---THE STATUTES |
- Classification of statutes
- Alabama.
- Colorado
- Connecticut.
- Georgia.
- Iowa.
- Kentucky.
- Louisiana.
- Maine.
- Massachusetts.
- Missouri.
- New Hampshire.
- New Mexico.
- North Carolina.
- North Dakota.
- Oregon
- Pennsylvania
- South Dakota.
- Tennessee.
- Texas.
- Virginia.
- Washington.
- West Virginia.
- Limit of recovery.
|
CHAPTER X. DAMAGES |
- Measure of damages under statutes similar to Lord Campbell's
act--- Pecuniary loss to beneficiaries.
- No damages for soltium.
- Exemplary damages.
- No damages for injury to deceased.
- Medical and funeral expenses.
- Meaning of "pecuniary."
- Reasonable expectation of benefit.
- Death of husband and father of minor.
- Death of husband---Evidence of number of children.
- Death of parent of minor---Loss of education and personal
training.
- Death of wife---Loss of service.
- Death of minor child---Loss of service.
- Death of minor child---Expectancy of benefit after majority.
- Loss of prospective gifts and inheritance.
- Loss of prospective gifts.
- Loss of prospective gifts---Death of adult child.
- Loss of prospective gifts---Death of parent of adult child.
- Loss of prospective gifts---Death of collateral relative.
- Loss of prospective inheritance.
- Rules of damages in New York.
- Evidence of pecuniary condition of beneficiaries.
- Expectation of life---Life tables.
- Interest as damages.
- Reduction of damages.
- Discretion of jury---Instructions.
- Excessive verdict---Reduction of amount
- Inadequate verdict.
- Nominal damages.
|
CHAPTER XI. PLEADING AND PRACTICE. |
- The wrongful act or neglect.
- Existence of beneficiaries.
- Appointment of executor or administrator.
- Allegations of damages.
- Bill of particulars.
- Indictment.
- Amendment.
- Liability of personal representative for costs.
|
CHAPTER XII. EVIDENCE |
- Character of evidence in actions for death.
- Defendant as witness.
- Beneficiary as witness.
- Testimony of deceased witness.
- Verdict of acquittal---Coroner's verdict.
- Declarations and admissions of the deceased.
|
CHAPTER XIII. JURISDICTION OF STATE
COURTS---CONFLICT OF LAWS. |
- Statute has no extraterritorial force.
- Action based on foreign statute---Jurisdiction sustained.
- Whether a similar statute must exist in the state of the tribunal.
- Action based on foreign statutes---Jurisdiction denied.
- Death on navigable waters within the state.
- Death on high seas on vessel owned in state.
- Who may sue under a foreign statute.
- Pleading foreign statute.
|
CHAPTER XIV. JURISDICTION OF FEDERAL COURTS |
- Jurisdiction of circuit courts
- Suit in admiralty for death not maintainable independently of
statute.
- Jurisdiction in admiralty under state statutes. In rem.
- Jurisdiction in personam---Jurisdiction in rem where
statute creates lien.
- Decisions reviewed.
- Jurisdiction of admiralty in England.
- Jurisdiction under limited liability act
|