McKay v. New England Dredging Co.
Supreme Judicial Court of Maine
On Motion and Exceptions by Defendant. This was an action brought by an administrator to recover damages for the loss of the life of his intestate by reason of the alleged negligence of the defendant corporation. The action is brought under the provisions of chapter 124 of the public laws of 1891, for the benefit of the father and mother, they being the sole heirs of the intestate.
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On Motion and Exceptions by Defendant. This was an action brought by an administrator to recover damages for the loss of the life of his intestate by reason of the alleged negligence of the defendant corporation. The action is brought under the provisions of chapter 124 of the public laws of 1891, for the benefit of the father and mother, they being the sole heirs of the intestate. The verdict was for the plaintiff for $2,000. At the conclusion of the charge of the presiding justice, counsel for the defendant requested the following instruction to the jury, which was refused: “That the…
1Opinion of the CourtEmery, J.
The jury found that the death of the plaintiff’s intestate, William McKay, was “caused by the wrongful act, neglect or default” of the defendant, according to the Act of 1891, ch. 124. This finding does not seem to us so unmistakably wrong as to require us to set it aside.
The question of the amount of damages to be recovered requires *458more consideration. The action is “ for the exclusive benefit ” not of the estate, but of the father and mother of the deceased, they being his only heirs, he having left no widow nor children. The father and mother are entitled to “a fair and just compensation,…
2Cited by21 opinions
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- McFarland v. Oregon Electric Ry. Co.Oregon Supreme Court · 1914
- Dostie v. Lewiston Crushed Stone Co.Supreme Judicial Court of Maine · 1939
- M'Coullough v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
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