Cosgrove v. Pitman

Citations

• 103 Cal. 268
• 37 P. 232
• 1894 Cal. LEXIS 765

Syllabus

<p>Action Fob Death—Negligence oe Fellow-servant—Employment of Intemperate Engineer—Sobriety at Time of Injury.—Where the death of an employee was caused by the negligence of an engineer, a fellow-servant, who, it was alleged, was addicted to the habit of drinking intoxicating liquors, and that the defendants were negligent in retaining him in their employ by reason of being chargeable with knowledge of this habit, no recovery therefor can be had without proof that the engineer was intoxicated at the time of the accident, or that the injury was in some respects the result of intemperate habits.</p> <p>Id.—Estates of Deceased Persons—Marriage of Administratrix— Cessation of Authority.—The marriage of an administratrix does not at once deprive her of the power to act, but is merely ground for a proceeding for her suspension and removal, and she is not thereby hindered from continuing to prosecute an action for the death of the decedent.</p>