Peers v. Nevada Power, Light & Water Co.

Citations

• 119 F. 400
• 1902 U.S. App. LEXIS 5279

Syllabus

<p>1. Wrongful Death—Action for Damages—Sufficiency of Complaint.</p> <p>The statute of Nevada (Cutting’s Comp. Arm. Laws, §§ 3983, 3084) which creates a liability for' wrongful death where the act, neglect, or default causing‘such death “is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof,” and provides that the action shall be brought by the personal representative of the deceased, and how the proceeds recovered shall be distributed among certain kindred, and that “the jury in every such action may give such damages, pecuniary and exemplary, as they shall'deem fair and jiist, and may take into consideration the pecuniary injury resulting from such death to the kindred as herein named,” creates but a single cause of action, and not one in right' of the deceased by survival, and another in right of the next of kin; and a complaint based thereon is not demurrable because it does not allege separately the damages resulting to the kindred or that any so resulted.</p> <p>2. Same—Exemplary Damages.</p> <p>Nor is it necessary under such statute that the complaint should specify what portion, or whether any, of the damages prayed for are claimed as exemplary; the allowance of such, damages, as well as damages resulting to the kindred, being a matter to be determined by the jury, in their discretion, from the evidence.</p> <p>8. Same—Naming Beneficiaries.</p> <p>The complaint in an action for wrongful death should state the names of the kindred of the deceased who are entitled to share in the recovery by the terms of the statute; but, where the names of kindred are so stated, it is not necessary to expressly negative the existence of relatives other than those named.</p> <p>¶ 2. Punitive damages for wrongful death, see note to McGhee v. McGarley, 44 C. C. A. 259.</p> <p>¶ 3. See Death, vol. 15, Gent. Dig. § 64.</p>