Garrard v. Mahoning Valley Railway Co.

Citations

• 100 Ohio St. (N.S.) 212

Syllabus

<p>Wrongful death — ■ Personal representative may sue — For benefit of parents and next of kin, when — Section 10772, General Code — Husband and wife injured — Wife dies after husband — Action lies for benefit of husband’s next of kin, when.</p> <p>1. Under the provisions of Section' 10772, General Code, the right to enforce liability thereunder is lodged in the personal representative of the deceased, for the benefit of the persons or classes therein named. If the favored class, wife or husband and children, was not in existence at the time of bringing such action, the action may be 'brought for the benefit of the deceased’s parents and next of kin.</p> <p>2. A husband and wife sustained personal injuries causing the death of both, but the latter survived her husband a few hours. After the death of the wife, the husband’s personal representative instituted suit, under the section named, for the benefit of the husband’s father, mother, brothers and sisters, there being no children pf the deceased: Held, the action was properly brought.</p>