Lintz v. Holy Terror Mining Co.

Citations

• 13 S.D. 489
• 83 N.W. 570
• 1900 S.D. LEXIS 173

Syllabus

<p>In Comp. Laws, § 5499, providing that, “if the life of any person or persons is lost or destroyed by the neglect, carelessness or unskill fulness of another person, or persons, company or companies, corporation or corporations, their or his agents, servants or employes, then the widow, heir, ■ or personal representatives of the deceased shall have the right to sue * * * and recover damages for the loss or destruction of the life aforesaid,” the word “heir” must be construed as meaning “child,” and the.section as a whole to give a cause of action only in favor of the widow oi“ children of the deceased, or for their benefit, and no action can be maintained thereunder to recover for the death of a person who left neither widow nor children.</p>