Hartigan v. Southern Pacific Co.
Citations
- 86 Cal. 142
- 24 P. 851
- 1890 Cal. LEXIS 988
Syllabus
<p>Action fob Death — Parties — Separate Action — Former Recovery — Plea in Bar. — The right of action for damages for an injury resulting in death is purely statutory, and, under section 377 of the Code of Civil Procedure, can be brought by either the heirs or the personal representative; but separate actions cannot be brought or maintained by both, and a former recovery by an executor may be pleaded and proved in bar to an action subsequently brought by the heirs of one killed through the negligence of the defendant.</p> <p>Id. — Compromise of Action by Executor. — An executor has authority, with the approval of the probate court, to compromise an action for damages for injuries resulting in the death of his testator, owing to the negligence of the defendant.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- trial court has discretion to decrease duration of protective order when appropriate and to terminate such order when material change in circumstances occurs
Source: CourtListener parenthetical corpus (CC0).
Judges: Fox
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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