Chicago, M. & St. P. Ry. Co. v. Clement

(after stating the facts as above). [1] The present action was brought to recover damages for the injury and suffering endured by the deceased. The complaint alleged that between the time when the injury was inflicted upon him and his death, lie had a cause of action against the defendants for said injuries, and that the cause of action survived to his administrator. Section 6494 of the Revised Codes of Montana provides that an action or cause of action shall not abate by the death of a party, but shall, in all cases where a cause of action arose in favor of such party prior to his death, survive and be maintained by his representative. In ascertaining the meaning of that statute, we are to he guided by the construction given it by the Supreme Court of Montana, In Dillon v. Great Northern Ry. Co., 38 Mont. 485 , 100 Pac. 960 , it was held that the statute presupposes the existence of a cause of action ia favor of the deceased, that it does not create a new cause of action, but carries forward and preserves to his heirs and representatives the right which the deceased had before his demise. In that case the deceased had been killed in a railroad collision, and from the agreed…