Sanders' Adm'x v. Louisville & N. R.

Citations

• 111 F. 708
• 49 C.C.A. 565
• 1901 U.S. App. LEXIS 4421

Syllabus

<p>t. Abatement—Statutory Action—Death of Plaintiff.</p> <p>The question whether a cause of action created hy a state statute survives the death of the plaintiff, or of the person for whose benefit it is given, is one of right, and not of procedure, and is governed by the statutes of the state giving such right of action.1</p> <p>9. Wrongful Death — Action under Tennessee Statute — Abatement by Death of Beneficiary.</p> <p>In ah action for wrongful death brought hy an administrator under the Tennessee statute (Shannon’s Code, §§ 4025, 4026), which gives the right of action for the benefit of the widow or children or next of kin of the deceased, under the construction placed on such statute by the supreme court of the state it abates and the right of action is extinguished on the-death of the statutory beneficiary in whose favor the right accrued, and who was the real party plaintiff, whether such beneficiary was one of those specifically mentioned, as the wife or a child, or the next of kin under the intestacy laws of the state.</p>