Recovery under the Nebraska Survival and Wrongful Death Statutes
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Authors
Mitchell, Lynn Ann
Issue Date
1983
Volume
16
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The English common law allowed no recovery for wrongful death. This prohibition resulted from Lord Ellenborough's unprecedented holding in the 1808 decision in Baker v. Bolton. The American treatment of actions for wrongful death prior to, and even several decades after, that decision differed substantially from the English view. Nonetheless, in 1848, an American court, claiming the issue before it in Carey v. Berkshire Railroad Co. was one of first impression, applied the Baker rule8 and denied a widow a cause of action for her husband's death...
Description
Citation
16 Creighton L. Rev. 182 (1982-1983)
Publisher
Creighton University School of Law