Legal Opinion · Concurrence

Breckon v. Franklin Fuel Co.

Michigan Supreme Court

Decided March 12, 1970No. Calendar 3, Docket 52,080Published

1ConcurrenceT. G. Kavanagh, J.

I agree with Justice Black that loss of companionship is not a “pecuniary injury” or “pecuniary loss”, and for that reason I concur in reversal for I perceive this to be the only issue necessary to decision in this case.

A fair reading of the rest of his opinion however leads to the conclusion that he would hold compensation for “pecuniary injuries” is recoverable only by dependents.

*280Nothing in the death act or the probate code (as it stands since amendment in 1965, MOLA § 702.115 (Stat Ann 1969 Cum Supp § 27.3178[185]) persuades me that compensation for pecuniary injuries may not be recovered…

2Cases cited26 opinions

  1. Montgomery v. StephanMichigan Supreme Court · 1960
  2. Wycko v. GnodtkeMichigan Supreme Court · 1960
  3. Hyatt v. AdamsMichigan Supreme Court · 1867
  4. Currie v. FitingMichigan Supreme Court · 1965
  5. Hurst v. Detroit City RailwayMichigan Supreme Court · 1891

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