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Torts - Death Act-Pecuniary Injury - Effect Of Incurable Disease
Torts - Death Act-Pecuniary Injury - Effect Of Incurable Disease
Michigan Law Review
Administratrix sued defendant hospital under the "death act" for having negligently caused the death of her husband. The negligence was admitted. Decedent was afflicted with myelitis, an incurable disease, which affected his spine and rendered him a helpless paralytic. Decedent had no ability to earn or support and would have been an object of constant care and expense. Held, the court should have directed verdict for defendant. Smith v. Presentation Academy of Aberdeen, (S. D. 1933) 248 N. W. 762.