Jones v. Miller

Citations

• 35 Wash. 499
• 77 P. 811
• 1904 Wash. LEXIS 476

Syllabus

<p>Abatement — Actions— Injury to Person — Death — Survival. Bal. Code, § 5695, read in connection with other parts of the act, was not intended to provide that “all other causes of action” survive to the personal representatives, but relates only to causes of action which the law had provided should survive; hence an action by a widow to recover damages for the mutilation of the body of her deceased husband, being an injury to the person, abates upon her death.</p> <p>Same — Appeal — Abatement by Death — Costs'—Dismissal. Where the cause of action abates by the death of the party, the executor cannot be substituted and the cause retained on appeal for the purpose of determining the question of costs.</p> <p>Same — Substitution oe Party on Appeal. WThere a cause oí action abates by the death of a party, an executor cannot be substituted for the purpose of continuing the action in his individual interest affected by the same wrong.</p>