Reed v. Northeastern Railroad

Citations

• 37 S.C. 42
• 16 S.E. 289
• 1892 S.C. LEXIS 49

Syllabus

<p>1. Death prom Injury—Actions.—At common law a right of action for a tort died with the person injured, but under our statutes (Gen. Stat., gg 2183-2186) a right of action and recovery for a personal injury resulting in death is given to the legal representative of the deceased for the benefit of certain dependent kindred ag-ainst the party whose wrongful act caused such death, wherever the party injured, if he were still alive, could recover for such injury. Therefore, the right of action by the administrator is not defeated by the fact that the intestate had died instantly from the injury.</p> <p>2. Negligence—Cause of Action.—A complaint states sufficient facts of negligence to constitute a cause of action, where it alleges that the death of plaintiff's intestate was caused by the derailment of defendant’s train on a spur tract, resulting from the careless and negligent act of defendant in leaving open the switches leading to such spur track at a time when such train was properly passing on the main line.</p> <p>3. Death from Injuries—Beneficiaries—Amendment.—In action by an administrator to recover damages for the wrongful killing of his intestate. the naming, in the complaint, of one as beneficiary who is not entitled to recover, may be corrected by striking out such name, if those who are entitled to share in the distribution of the recovery are all properly mentioned.</p> <p>4. Several Causes op Action—Pleadings—Election.—Where plaintiff states as his ground of complaint the negligence of defendant in leaving open switches, and the act of the engineer in running his train at a greatly excessive speed, the complaint states two causes of action, which should have been separately stated, and plaintiff may be required, on motion made, to state the two causes properly, or elect which he would retain for trial.</p>