Johnson v. Seattle Electric Co.

Citations

• 39 Wash. 211
• 81 P. 705
• 1905 Wash. LEXIS 845

Syllabus

<p>Death by Wrongful Act—Right of Action—Heirs Limited to Widow and Children—Stabe Decisis. Upon the principle of stare decisis, the word “heirs” in Bal. Code, § 4828, descriptive of the persons who may maintain actions for the wrongful death of another, is restricted to the widow and children of the deceased, and cannot he extended to the widower on the principle that widow and widower can he used interchangeably in the statute.</p> <p>Actions—Joinder—Fob Death by Wrongful Act and Funeral Expenses—Father and Son Plaintiffs. A right of action in favor of a widower for funeral expenses, against one who caused the wrongful death of his wife, cannot he joined with an action under the statute hy a minor son for the death of his mother.</p> <p>Pleading—Demurrer—Trial—Dismissal on Failure to Amend. Where two causes of action are improperly joined, and a demurrer on that ground is sustained, a plaintiff whose complaint stated a good cause of action cannot complain of the dismissal of the action upon sustaining the demurrer, when he elected not to amend his complaint.</p>