Doyle v. Baltimore & Ohio Railroad

Citations

• 81 Ohio St. (N.S.) 184

Syllabus

<p>Suit by administratrix of deceased — For latter’s wrongful death— Deceased left no heirs but widow and her mother — Widow dies pending suit for damages — Proceedings revived by administrator de bonis non — According to Section 6135, Revised Statutes —There remained no statutory beneficiary — Not error to dismiss suit.</p> <p>On the 12th day of April, 1890, Mary Doyle as administratrix of the estate of John H. Doyle, deceased, brought suit against the railroad company to recover damages for wrongfully and negligently causing his death, and alleged that he left no children, but that she, Mary Doyle, became his widow, and was his only heir and next of kin. The cause was tried in the court of common pleas and the administratrix recovered a judgment. On proceedings in error, the circuit court reversed said judgment and remanded the case to the court of common pleas for further proceedings. Thereupon the administratrix prosecuted error in fhis court to reverse the judgment of the circuit court, and while the proceeding was pending in this court, said widow, administratrix, died. An administrator de bonis non was appointed and the proceedings were revived in his favor. On hearing, this court affirmed the judgment of the circuit court, and the cause was remanded to the court of common pleas for further proceedings, where the railroad company filed a supplemental answer and to which the plaintiff made reply.</p> <p>These pleadings show that the deceased widow, at the death of her husband, John IT. Doyle, was his sole heir and next of kin; that he left no children, or parents or their next of kin, but that he had some collateral heirs, and that the mother of said widow survived her.</p> <p>Field:That, according to the provisions of Section 6135, Revised Statutes, after the death of said widow, there remained no statutory beneficiary for whose behoof the action could b& maintained, and it was not error to dismiss the same for that réason.</p>