McVey v. Illinois Central Railroad

Citations

• 73 Miss. 487

Syllabus

<p>1. Survival of Actions. Instantaneous death. Raikvay employee. Code 1892, g 1916. Const. 1890, g 193.</p> <p>Neither under g 1916, code 1892, by which the right to maintain all personal actions survives to the personal representative of a decedent, nor under g 193, constitution 1890, providing that, “where death ensues from any injury to [railway] employees, the legal or personal representatives of the person injured shall have the same rights and remedies as are allowed by law to such representatives of other persons,” can an action be maintained by an administrator of a deceased railway employee for injuries causing the death of his intestate, if the death was instantaneous. PaAVroad Co. v. Pendergrass, 69 Miss., 425, cited.</p> <p>2. Same. Causes of action. Improper joinder. Code 1892, gg 663, 1916.</p> <p>A cause of action that, under g 1916, code 1892, survives to the personal representative as one that the deceased might have sued on, cannot be joined with the cause of action vested in the widow, by I 663, code 1892, in cases of wrongful death; and, where a widow sues as administratrix, alleging in her declaration that she was appointed administratrix for the purpose of bringing suit, the action will be treated as one brought by the personal representative. PaAVroad Go. v. PhAllAps, 64 Miss., 693, cited; PaAVroad Go. v. Cools, 63 Miss., 38, explained.</p>