Amos v. Mobile & Ohio R. R.

Mississippi Supreme Court April 15, 1886

Amos v. Mobile & Ohio R. R., 63 Miss. 509 (Miss. 1886)

Arnold

Opinion of the Court

Arnold, J.,

delivered the opinion of the court.

The declaration showed no right of action in appellant. Section 1510 of the Code of 1880, copied from the Code of 1857, created a cause of action which did not exist at common law; but this statutory cause of action was limited to cases in which the deceased person “ left a widow or children, or both, or husband or father.” “ The parent,” mentioned in one portion of the statute, in whose name action might be brought to recover damages for the death of a child, must be referred to the parent previously designated in ■the statute, to wit, the father left by the deceased.

This defect in the statute was remedied by the act of 1884, Acts of 1884, p. 75, but this was done subsequently to the injury here complained of, and to the bringing of this suit, and it cannot avail appellant.

*512The case is different from that of N., J. & C. R. R. Co. v. Cook, ante 38, in which it was held that when the death of a minor child from injury inflicted by another was not instantaneous, the mother, without reference to the statute, might sue at common law for damages occasioned by the loss of the services of the child and for incidental expenses incurred by her from the date of the injury which produced death to the time when the child died.

Affirmed,

Reference

Full Case Name: Miranda Amos v. Mobile and Ohio R. R. Co.
Cited By: 5 cases
Status: Published
Syllabus: 1. Killing op Minor. Might of mother to sue for damages. Section 1510, Code of 1880, construed. Section 1510, Code of 1880, provides that “whenever the death of any person shall he caused by any such wrongful act or omission as would, if death had not ensued, have entitled the party injured or damaged thereby to maintain an action and recover damages in respect thereof, and such deceased person shall have left a widow or children, or both, or husband or father, the person or corporation, or both, that would have been liable if death had not ensued and the representatives of such person shall be liable for damages, notwithstanding the death; and the action may be brought in the name of the widow for the death of her husband, or by the husband for the death of his wife, or by the parent for the death of a child, or in the name of a child for the death of an only parent.” Under this provision a mother (though sole parent) has no right of action for the wrongful killing of her minor child. The use of the word “parent” in the statute has reference to the “ father,” “ left ” by “ such deceased person.” 2. Same. Mother’s right of action at common law. Section 1510, Code of 1880, distinguished. The above quoted statute confers no such right of action as was recognized in the case of M’., J. & C. M. M. Co. v. Cook, ante 38, in which it was held that when the death of a minor child from injuries inflicted by another is not instantaneous the mother might sue, at common law, for loss of service and expenses incurred from the time of the injury until the death of the child.