Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1854-08-02

dantS. WhIcn vU-zR --3AuCe OI !
J ! !
the United s. - nlxsS Scf
passengesN; ~
va; and
tiff chalg
that by care Gu
rs upset atoV 3"ed:
that IN consequence nuca anu
incurred great expense ines, nedica'
attendance. &c necessary aflictici': that
from the time Of the injury the time of br'n.
gng this suit, by reason thereof he had been
confined to his room, and unable to atttrd to
his business as cabinet maker:
He also AYERS that II was in the a'ght-'ime
when the coach was turned over, aud there was
but one side light provided Tor the coaeh AZ
the time He concludes by claiming one thou
sand dollars damages. :,
The petitioner then procured the issuance OF
an attachment by virtue of which the property
of the defendants was attached. Afer the
bringing Of this suit and the fling Of the com
plant, the plaintiff died Margaret Taylor
wife Of the plaintiff. was then substituted as
ADMINISTRATIVE 10 prosecute the action, where
upon she fled supplemental bill Of complaint
n the action, in which she sets forth the fact
that she had been duly appointed sdm'n'stra
rix Of his estate and then proceeds to state
that she claims that there IL now due to her
a. the administrative Of his estate from said de.
PENDANTS. the sum Of five thousand dollars; 10
wit, the sum of one thousand dollars for dam
ages, as set forth in decedents petition, and
the further sum of four thousand dollars Tor
the following grievances And your petit
:ioner further states and claims. that In c"nse.
quencc Of the injury received and sustained
by the said Tilghman A. Taylor deceased, by
the act Of said defendants, as set forth and
contained in said original petition OF the said
deceased, he (the said deceased.) from the
time Of the filing of Jbe said original petition,
continued To suffer great pain AID continued 10
be sick. and was compelled 10 employ physi.
oians and nurses to take care Of and cure bliO
of the injury So received and sustained by him.
that he had paid cut aud expended large sums
of money to ply sicians &c. III attempting TO
| cure him, to wit, the sum 0t five hundred dol
| lars:-by reason that he continued TO be SICK
and suffer by reason Of the Injury. from. the
30,h dav ii January 1852 unit the l eth day OF
Jane 1852. when he died She then charges
that his death was the consequence ui the IN.
Jury received by the urseVting Of th" coach as
charged in the original prtilon. She then
concludes by praying THAI he su,t may be
/ prosecuted in he, naue as the representative
| of her deceased husband, aud that she NAV
ha~. t.ds.s.ant fortheVsdA1SUf nyr~rthuGsand
dollars with costs dc. .
Afterwards, the original and supplemental
| petitions were amended, aU'aslu lege more
specifically the facts relative to the tei,ndants'
undertaking by their sg9nt 10 carry the deceas
ed as passenger for pay, the negligence Of the
agent and driver, by which the deceased
plaintiff was injured aud his death caused
Issue was joined, the cause uied aud verdict
rendered for the plaintiff for fifteen hundred
dollars. upon which judgment the defendants
have appealed.
| Several errors have been assigned on which
a reversal Of the Judgment is urged However
II. l.,
below. which refer to aud depend upon, the
same point. This is presented by .he third
assignment Of error which is, that the conrt
erred in giving the instructions to the jury.
.'lhat said Margaret could recover damages.
for the injury sustained by her on account Of
the death OF said Tilgman A Taylor. IN this
action" 1t appears by the bill OF exceptions
that such was the instruction given TO the
jury hy the court upon this question.
This action was commenced and prosecuted
by Tilghnan A. Taylor in his own right;
| pending the prosecution and before trial had
he died Margaret Taylor his widow admir-
istered on his estate, and as administrative
was substituted as The plaintiff l., his stead To
prosecute his action in the district court. when
she thus became authorized as plaintiff To pro.
ceed with the action. She could legal amend
the petition by leave Of the court aud could
file an amended petition with the permission
such amended petition was Of matter apper-
tanning to the same right Of the party, p'alniift
which was contained in the original petition
The code Of Iowa, chapter l0l, section 1901,
page 255, rovides that "seyeral causes OF &c
iion may be united in the same petition, pr"
vided they affect all the parties thereto in the
same capacities. and il suit on all might bc
brought in that county: but the court, 10 pre-
vent confusion therein, may direct ll,or any
portion OF the issues joined herein TO be tried
separately" BY the enactments OF this sec
tiop, the Legislature have enabled the plaintiff
in action. to unite several causes of comp atnl
in the same petition. bnt must affect al
the parties thereto in Racities i
does not go SO lar as To )Arsons ,po'
sessing ana bail 1dua
rights ia ths
true that, inN
The husband an 1'Wlf,
had an interest 10 tII0 Cby hn
in his lifetime. But u ituted II
administrative, she becaiA preprrsen tativ.
Of those Interested in his esxe in the prosecu
iol. of Ibis ac ion. II damages were recovered
IN This suit. hey would be asses iu her hand
for heir benefil and she would be according
iy chargabe as adninislratrlx. He had suet
10 recover damages for injury, suffering. *
penditure Of money, loss oi time dc, whicl
had been brought upon him by the illegal con
duct of the defendant. Upon his death pend
ing the suit, she being substituted as his ad
ministra.rix, could only act in thi, capacity
but she seeks by her supplemental peti lon !
claim for damages, founded upon his deail,
upon the allegation that it was caused by III
injuries as conpla ned uf in the original I,eti
; tion This, we think, would bs 10 allow he
10 blend in the same suit matters appertainiD
to her in her individual right. with those q
another and different right. This provisions G
the Code have certainly changed the common
, law practice, in relations to the rights of paI
, ties in acrion., but We do not understa and the,
as having gone so far as to allow parties, VII
stand in distinct and seperate rights aud ca
pacIties, to unite their interests IN the san ac
lions To recover damages for The loss eu,
tanned by her by reason Of the death Of her hu,
band, she must resort TO an action IN her ow
name, as the matter thereof appcrtalns to he
own aud seperate right The damages whic
might be recovered ty virtue Of the supp
mental petition, would not belong to the e,
+ tate as they are claimed, as accruiDg in conse
! quence of his death and all SUBSEQUENT 10 th
, original action. judgment reversed.
Zolman Jones Glare ] Appeal from Mario
ch.i.,y Ana s's Glare D'''''s' Court
. Opinion by G.. Greene This was pre-
ceeding for divorce asd alimony. tried at tn
, February Term OF the Marion District Cour
! II is objected that the decree was rendered
! ter the term Of Court and is therefore void.
: IL appears that the Term was commence
: by authority Of law then in fore. giving on
week to Marion County. On the third DAY