Florida Cent. & P. R. Co. v. Sullivan

Citations

• 120 F. 799
• 61 L.R.A. 410
• 1903 U.S. App. LEXIS 4537

Syllabus

<p>1. Death by Wrongful Act — Foreign Administrator — Right to Sue.</p> <p>Uiider Rev. St. Fla. §§ 2342, 2343, authorizing actions for death by wrongful act, and providing that such an action may be brought by the widow, surviving husband, minor child, person dependent for support, or executor or administrator, an administratrix appointed in Alabama of a deceased resident of that state may sue in Florida for negligence causing the death of her intestate, though the statutes of the two states relative to the distribution of damages in such cases are dissimilar, the Florida statute governing distribution in Alabama.</p> <p>2. Same — Railroads—Passenger—Contributory Negligence.</p> <p>In an action against a railroad company for the death of a passenger, caused by the engine striking cattle on the track and being forced through the car in which deceased was riding, which ear was the one provided exclusively for colored passengers, though deceased, a. white person, remained in this car in violation of the rules of the company and the directions of the conductor, held, that deceased was not, as a matter of law, guilty of contributory negligence to riding in the car reserved for colored passengers.</p> <p>¶ 1. What law governs action for wrongful death, see note to Burrell v. Fleming, 47 C. C. A. 606.</p> <p>8. Same — Recovery by Administrator.</p> <p>Under Rev. St. Fla. §§ 2342, 2343, authorizing suits for wrongful death by administrator, and providing that in every such action the jury shall give such damages as the parties entitled to sue may have sustained, in an action by an administrator the jury should determine from the testimony as to the age, character, and health of deceased, and the natural expectancy of life, and estimate the amount of the net earnings and accumulations he would reasonably have acquired during such expectancy, and find the cash value of such amount at the time of the trial, and find their verdict for such sum.</p>