Vaughan v. Dalton-Lard Lumber Co.

Citations

• 119 La. 61
• 43 So. 926
• 1907 La. LEXIS 436

Syllabus

<p>1. Death — Actions foe Causing Death— Persons Entitled to Sue — Bigamous Wife.</p> <p>Under article 2315 of the Civil Code of 1870, as amended by Act No. 71, p. 94, of 1884, the right to sue for damages for the death of the husband, or for personal injuries suffered by him, is restricted to his lawful wife or widow, and cannot be extended by construction so as to include his putative wife by a bigamous marriage. In the case at bar both women were living at the time of the death of the husband.</p> <p>2. Same.</p> <p>Such statutory right of action, arising after the death of the husband, is not one of the civil effects of marriage which inures to the benefit of the putative wife under articles 117 and 118 of the Civil Code.</p> <p>3. Same.</p> <p>Article 2315 of the Civil Code, as amended, should be strictly construed, and the exceptional right of action granted therein should be restricted to the classes of persons specially designated as beneficiaries. All classes not expressly included are excluded.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Death, § 11.]</p> <p>(Syllabus by the Court.)</p>