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YOUNG WOMEN'S CHRISTIAN HOME v. FRENCH

Nos. 73, 74.

187 U.S. 401 (1903)

23 S.Ct. 184

47 L.Ed. 233

YOUNG WOMEN'S CHRISTIAN HOME v. FRENCH. FAUL v. FRENCH.

Supreme Court of United States.

Decided January 5, 1903.

Attorney(s) appearing for the Case

Mr. J.J. Darlington, with whom was Mr. John B. Larner on the brief, for the appellant, the defendant in error, the Young Women's Christian Home.

Mr. A.A. Hoehling, Jr., on behalf of Barbara Faul et al., next of kin of the mother, appellants, and whose contentions were opposed to those of the Young Women's Christian Home.

Mr. J.W. Smith and Mr. William Henry Dennis on behalf of the administrator of Eugene Rhodes, the son, appellee.

MR. CHIEF JUSTICE FULLER, after making the foregoing statement, delivered the opinion of the court.

The rule is that there is no presumption of survivorship in the case of persons who perish by a common disaster, in the absence of proof tending to show the order of dissolution, and that circumstances surrounding a calamity of the character appearing on this record are insufficient to create any presumption on which the courts...

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