56 Ind. App. 149 | Ind. Ct. App. | 1914
This action was brought under §285 Burns 1914, Acts 1899 p. 405, by appellant as administrator of the estate of Cora Golding, on behalf of her next of kin to recover for her death caused by injuries resulting from falling, when her foot caught on a loose board in appellee’s sidewalk. There was an' answer showing that during her lifetime Cora Golding had brought an action against appellee in which she recovered a judgment for $1,500 for the
In the case of Hecht v. Ohio, etc., R. Co. (1892), 132 Ind. 507, 32 N. E. 302, it was said that “the personal representatives of the injured party, where death ensues, may maintain the action only in case the injured party might, at the instant of his death, have maintained the action if he had lived.” This case, however, was distinguished in the case of Pittsburgh, etc., R. Co. v. Hosea, supra, and there is now in this State a well-recognized exception to the broad language just quoted from the Hecht opinion, for in the cases of Wilson v. Jackson Hill Coal, etc., Co. (1911), 48 Ind. App. 150, 95 N. E. 589, and German American Trust Co. v. Lafayette Box, etc., Co. (1913), 52 Ind. App. 211,
The law must be regarded as settled in this State, that a recovery in his lifetime by the injured party for damages for his injuries, including permanent effects induced which later caused his death, is a bar to an action by his personal representative for damages caused by his death. Since the answer showed that Cora Golding in her lifetime had recovered for the damages sustained by her from the same wrongful act here sued on, including damages for permanent injuries, and that she had exhausted her right of action dur
Note. — Reported in 104 N. E. 978. As to effect of compromise or release by decedent as bar to action for death by wrongful act, see 70 Am. St. 683. See, also, 13 Cyc. 327.