61 Vt. 438 | Vt. | 1889
The opinion of the court was delivered by
When the death of a person results from the. tortious act or neglect of another, two rights of action.may arise, one- to recover damages sustained by the deceased at the time of or after the injury and prior to his death; the other to recover damages to the widow and next of kin. Both rights must be
The difficulties further suggested by the defendant’s counsel-in respect of the being unable to defend the case, upon the-ground that the elements of the damages are not sufficiently set forth, are not those caused by any defect in pleading, but such as can always be removed by suitable specifications, which all-courts have full power to order. The English statute, 9 and 10' Vic., requires no change in the ordinary mode of declaring for the injury, but requires the plaintiff to deliver with the declaration a “full particular of the person or persons for whom or in. whose behalf the action is brought.” In proceedings by indictment under analogous statutes, it has been held that “it is sufficient if the administrator is named, and that it is alleged that' the deceased has left heirs-at-law.” Com. v. R. Co., 11 Cush. 512; 5 Gray, 473; 121 Mass. 36; State v. Gilmour, 4 Fost. 461. In Gettle v. B. &. O. R. Co., 3 W. Va. 376, it was held that the widow and next of kin should • be accurately set forth and designated by name, and that the damages were claimed for-
Judgment affirmed with leave to replead.