Noble v. City of Seattle

Citations

• 19 Wash. 133
• 40 L.R.A. 822
• 52 P. 1013
• 1898 Wash. LEXIS 338

Syllabus

<p>DEATH BY WRONGFUL ACT — PARTIES—CONSTRUCTION OF TERM “ HEIRS.”</p> <p>Under Code Proc., J 138 (Bal. Code, § 4828), giving a right of action to heirs of any person whose death is caused by the wrongful act or neglect of another, the term “heirs” must be restricted to the widow and children of deceased, and does not include parents or collateral relatives, in view of the facts that another provision of the same section confines the right of recovery to “the widow or widow and her children, or child or children, if no widow;” that Code Proc., § 139 (Bal. Code, § 4829), gives a right of action to parents or guardian for death of a minor child or ward; and that Code Proc., § 148 Bal. Code, § 4838), provides that no action for personal injury occasioning death shall abate, but the right of action shall survive in favor of the wife and children. (Dunbar, J., dissents.)</p>