Golden v. Spokane & Inland Empire Railroad
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Eobert N. Dunn, Judge. Action to recover damages for the wrongful killing of plaintiff’s minor son. Judgment for plaintiff. Damages should have been limited to the expectation of the life of the .plaintiff. (Louisville etc. Co. v. Wright, 134 Ind. 509, 34 N. E. 314; Bouse v. Detroit etc. By., 128 Mich. 149, 87 N. W. 68, 70; Jones v. McMillan, 129 Mich. 86, 88 N. W. 207; Fidelity etc.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Eobert N. Dunn, Judge. Action to recover damages for the wrongful killing of plaintiff’s minor son. Judgment for plaintiff. Damages should have been limited to the expectation of the life of the .plaintiff. (Louisville etc. Co. v. Wright, 134 Ind. 509, 34 N. E. 314; Bouse v. Detroit etc. By., 128 Mich. 149, 87 N. W. 68, 70; Jones v. McMillan, 129 Mich. 86, 88 N. W. 207; Fidelity etc. Co. v. Buzzard, 69 Kan. 330, 76 Pae. 832.) The amount awarded is grossly excessive. (Little Bock etc. Co. v. Barker, 33…
1Opinion of the CourtSullivan, J.
This is an action to recover damages for wrongfully causing the death of Darrell Golden, the minor seven year old son of the respondent. The death was caused by a wreck on the railroad of the appellant. The liability of *528appellant for the death of said child is admitted, or is not disputed, and the only question involved is the amount of damages that the plaintiff is entitled to recover in this action.
The cause was tried by the court with a jury and the jury returned a verdict in favor of the plaintiff for the sum of $4,145, $145 of which was for the expenses of the burial of the child, and…
2Cases cited2 opinions
- L. N. Brunswig & Co. v. WhiteTexas Supreme Court · 1888
- Maw v. Coast Lumber Co.Idaho Supreme Court · 1911
3Cited by9 opinions
- Checketts v. BowmanIdaho Supreme Court · 1950
- Gardner v. HobbsIdaho Supreme Court · 1949
- Ellis v. Ashton & St. Anthony Power Co.Idaho Supreme Court · 1925
- Asumendi v. FergusonIdaho Supreme Court · 1937
- Dugas v. FeltonNorth Dakota Supreme Court · 1976
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