Show DAT WAS NitS SUDDEN NCE CANNOT SU SUE HELENA A Mont Mont- March 24 The 4 The su supreme supreme su- su u- u preme court has ren rendered el an opinion of or offar offar far reaching Importance In personal InJury Injury In- In Jury jUf The suit Is that of Winnifred Dillon and oth others against lt tho the Great Northern company and Involves the right of or heirs to lo institute damage damase proceedings where tho the person Involved In suffered In Instant instant In in- stant death It originated d In ad county In n ho the lower 11 court the tho plaintiffs ed damages but lUt this Is re reversed re and the cause remanded rounded with instructions to dismiss s on tho the broad ground that If the Injured party part died be beCore before before be- be fore Core bringing the action the cause o of ac action action ac- ac tion lite literally ra JI dl died d with him Although this common law rule has haj been een modified tho the opinion states such smirk a 0 statute docs does not create a new cause u o of oC action but bul only carries forward the right which tho injured In- In p party pirty had hac herp hl his dea death tho The suit suitan was WaIl prosecuted d under tIme the provisions provisions pro pro- I visions of or the fellow Cello servant law Dillon having ha boon been employed ed In nn an official ca capacH capacity capacity ca- ca pacH by hy the carrier The rhe opinion holds hold that this act dots does not Intend to create a nr now w cans camis' of III f action and arid that the suit was Instituted to r recover o cr damages which resulted result d to Dillons Dillon's estate an as a a. conse- conse o of his death dc ath and that tho the question Is Does s the 1 statement of or facts concerning hIs hlo di duth dath uth a cause causo o of action In favor Cavor of Dillon which survived ed I n I n 1119 I I TI Time Tho f statement i shows that death was Instantaneous omis and that ho dl not survive he for a 11 second of or time after tho the accident accident- t. t Continuing the opinion says lays In favor If It a cause of oC action arose of tho Injured d employee e prior to his death the right of action which he thus had liar survives lv and nay may be he prosecuted by hy his brUrs or personal representatives c Hence the tho question Did a 1 cause of or action arise In favor ta of or Dillon prior r to his death Death having ha been u cn Instantaneous the opinion holds thal that no DO Jfe ca existed with or survived h Dillon and dt declared that all survival B fI In which category cat ory the thc fellow servant t am It of 1000 HJO Is placed ro so o called presupposes that ld d d had at aton atone on one time a rl right ht of action for or damages Hence the opinion that bore re was WIlS not any am survival S of or a right of or action and th the dl dismissal thereof I |