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Torts - Wrongful Death - Expected Inheritance As An Element Of Damages, James Cripe
Torts - Wrongful Death - Expected Inheritance As An Element Of Damages, James Cripe
Michigan Law Review
Plaintiff, the widow of a railroad employee who was killed as the result of the defendant's negligence, instituted this action under the Federal Employers' Liability Act to recover damages for his death. The lower court in awarding a judgment refused to include the plaintiff's expectancy of inheritance in the measure of damages. On appeal, held, reversed. The expectance of an inheritance from the deceased is a pecuniary benefit which the beneficiary of the action might reasonably have received if the deceased had not died of his injuries. Martin v. Atlantic Coast Line Railroad Company, (5th Cir. 1959) 268 …
Legislation-Statutory Construction-Validity Of Canon That Statutes In Derogation Of The Common Law Should Be Strictly Construed, Alan Reeve Hunt S.Ed.
Legislation-Statutory Construction-Validity Of Canon That Statutes In Derogation Of The Common Law Should Be Strictly Construed, Alan Reeve Hunt S.Ed.
Michigan Law Review
Plaintiffs brought suit to recover damages for the death of their adopted son under the Mississippi wrongful death act, which provides that an action may be brought by "the parent for the death of the child." The defendants incorporated in their answer a special plea that the statute does not vest a cause of action in adoptive parents. On appeal from a judgment sustaining this plea, without prejudice to the rights of the deceased's natural parents to bring another action, held, affirmed. The Mississippi wrongful death statute gives a right of action to natural parents only. Boroughs v. Oliver …