Walker v. Vicksburg, S. & P. Ry. Co.

Citations

• 110 La. 718
• 34 So. 749
• 1903 La. LEXIS 699

Syllabus

<p>WRONGFUL DEATH — PARTIES TO ACTION — MINOR GRANDCHILDREN — STATUTES —INTERPRETATION.</p> <p>1. The right of action against a person who causes damage to another “in case of death shall survive in favor of the minor children” of the deceased. Act No. 71, p. 94, of 1884.</p> <p>2. Minor grandchildren, under the statute, cannot recover damages for personal injuries to their grandfather, resulting in his death.</p> <p>3. Children are descendants in the first degree.</p> <p>4. Grandchildren are descendants in the second degree.</p> <p>5. “Children,” under the codal definition, may include “grandchildren.”</p> <p>6. But “minor’ children do not include grandchildren who are minors, or those who are of age, or any other descendants more remote.</p> <p>7. The statute limits the right to minor children.</p> <p>8. The rules of interpretation and construction will not read in the law the word “minor,” as preceding “grandchildren,” when the statute restricts it to children.</p> <p>9. Legislation has recognized the right in minor children. The definition of the Code cannot be extended so as to include others than minor children.</p> <p>10,'Laws must be interpreted as written, when they are clear and free from ambiguity.</p> <p>Monroe, J., dissenting.</p> <p>(Syllabus by the Court.)</p>