purpose of wrongful death actions is to "stimulate diligence in the protection of [a person's] natural right to live, without respect to the personal condition or disability of the person so protected"
How later courts described this case
- purpose of wrongful death actions is to "stimulate diligence in the protection of [a person's] natural right to live, without respect to the personal condition or disability of the person so protected"
- “The right of action which the [wrongful death] statute gives is a new right, not derivative nor the right of succession to the person slain. It is not a right of property....”
- wrongful death action permitted, even though a prisoner had lost his own personal right to sue
Written by the judges who cited it.
The opinion
Opinion extended and application for re-hearing overruled.
FOSTER, J., withdrawing his dissent.
All Justices concur (BOULDIN, J., concurring specially), except GARDNER, C. J., who dissents and KNIGHT, J., not sitting.