Who may sue - consolidation of actions.

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(1) Every such action shall in case of death be maintained:

  1. By the husband or wife of the deceased;

  2. If there is no husband or wife or if he or she fails to sue within one year after suchdeath, by the children of the deceased or their descendants;

  3. If such deceased is a minor or unmarried, without issue, by the father or mother or byboth jointly; or

  4. If there is no such person entitled to sue, by such other next of kin of the deceased asmay be dependent upon the deceased for support.

(2) Every such action, in case of death, may be maintained by any person entitled to sue for the use and benefit of the others so entitled to sue as well as for the plaintiff so suing, and the verdict of the jury and the judgment of the court shall specify the amount of damages awarded to each person, and, if any such actions are separately brought, the same shall be consolidated with the action first commenced in the court which has jurisdiction of said actions when so consolidated.

Source: L. 11: p. 295, § 3. C.L. § 4169. CSA: C. 97, § 97. CRS 53: § 80-6-3. C.R.S. 1963: § 80-5-3.


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