148 Delfel v Hanson Appellants

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148 Delfel v Hanson Appellants

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title: George Delfel, Appellant, vs Martha Hanson, Joseph A. Hanson, Royal J. N. Hanson, and Edward P. Hanson, Appellees, Brief of Appellant

title: 148

creator: George Delfel

contributor: Richard Osborn

contributor: Thompson

contributor: Edsen

contributor: Humphries

contributor: Lewis

contributor: Gilman

date: 1891-01-07

publisher: Washington State Supreme Court

type: Civil

subject: Remedies

language: eng

format: application/pdf

description: Prior History: Appeal from Superior Court, King County.Action by appellees as widow and children of J. N. Hanson, deceased, to recover damages for his death, under § 2059 of the code. There was no allegation in the complaint that plaintiffs sustained any damages, except to their means of support. The court instructed the jury that under the evidence the plaintiffs would be entitled to any damages that they may have sustained by reason of the intoxication of deceased to their property, person or means of support.Intoxicating Liquors – Action for Injuries – Parties – Damages – Where a widow and minor children sue jointly for the death of the husband and father, under § 2059, Code 1881, giving a right of action for injuries resulting from the intoxication of any person, there is a misjoinder of parties plaintiff, as the words “severally or jointly” in said section refer to defendants and not to plaintiffs.Where a complaint, in an action for damages for injuries caused by the use of intoxicating liquors, bases the claim for damages on the injury to plaintiffs’ means of support, it is error for the court to instruct the jury that plaintiffs would be entitles to damages for injuries to their property, person or means of support.

relation: Delfel v. Hanson, 2 Wash. 194 (1891)

relation: 26 P. 220

rights: These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf

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