Show DEATH nEATH CLAIM iS 18 AN ASSET ASSETS SUpreme S preme Court Cour Renders Opinion Opinion T ion Upon Subject of De Demise Demise Demise mise by Accident Accident HEIRS MAY MAY SUE ANYWHERE LAWYERS REGARD DECISION AS ESTABLISHING A PRECEDENT That a claim for or damages for death is isan isan isan an asset aset of the estate of the deceased person parson was decided by the state supreme court yesterday The court also settled the jurisdictional question queston as to whether the heirs hairs hors of a deceased person may sue for damages for the death deth in a state oth other other other er than where the accident occurred The Te court virtually held that suit Bult could be instituted in any state where service can be obtained The Tle same Je points point were involved in three cHeu aey John P Lowham B F 1 Eccles an mJ 3 William Murray were killed in an accident on the Union Pacific railroad in Wyoming They The left lef no property except the claim of the heirs for damages damage for their death The Th heirs asked for the ap appointment appointment of A I r I Stone as administrator of all aU three estates and the appointment was wa made mad by JUlge Judge Howell Howel of the Second ct sitting at Ogden Railroad Attacks Appointment the railroad company compan pe toned Int Judge Howell Howen to revoke the ap on two grounds grounds as follows First Fht that the only asset specified the claim against the railroad was not an asset at all al and that consequently there was nothing nothing to administer upon Second that suit could not be brought against the company in Utah to recover damages for deaths caused In Wyoming Judge Howell Howel refused to revoke the let letters letter letters ter of administration and the company took an au appeal appal to the supreme court Higher Tribunal Unanimous The supreme court unanimously af at affirmed firmed the decision of the lower court Justice McCarty wrote the opinion and andI It I was as concurred In by Chief Justi Bartch and Justice As A stated holds that a claim for damages is an as asset asset asset set and that the heirs are within their rights ri ht In suing In Utah By lawyers law ers the opinion is regarded as one which 1 establishes an Important pre precedent precedent precedent |