Kelley v. Central Railroad of Iowa
U.S. Circuit Court for the District of Iowa
At Law. Action by Mary Kelley, administratrix of the estate of Nicholas Kelley, for damages in causing the death of her intestate. The main question determined in this case was as to the measure of damages, and the report was limited to that part of the judge’s charge to the jury which bears upon this subject.
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At Law. Action by Mary Kelley, administratrix of the estate of Nicholas Kelley, for damages in causing the death of her intestate. The main question determined in this case was as to the measure of damages, and the report was limited to that part of the judge’s charge to the jury which bears upon this subject. McClain’s Code Iowa, § 2525, provides that “all causes of action shall survive and may be brought notwithstanding the death of the person entitled or liable to the same.” Section 2526 provides, among other things, that “when a wrongful act produces death, the damages shall be disposed…
1Opinion of the Court
McCeARY, J.,
(orally chary lag jury.) If you find for the plaintiff you will assess her damages at such just and reasonable sum as will compensate the estate of the decreased for the loss occasioned by his death. In determining what this amount shall be, in ease you come to 1 he question of damages, you will consider the circumstances of the deceased, his occupation, age, health, habits as to industry, sobriety, and economy, the amount of his property, if any, and the probable duration of his life, and from these elements you will determine what his annual income during life would probably…
2Cited by4 opinions
- In re Humboldt Lumber Manuf'rs' Ass'nDistrict Court, N.D. California · 1894
- The Princess SophiaDistrict Court, W.D. Washington · 1929
- Hastings Lumber Co. v. GarlandCourt of Appeals for the First Circuit · 1902
- Penoza v. Northern Pac. Ry. Co.District Court, W.D. Washington · 1914