Golden v. Spokane & Inland Empire Railroad
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. R. N. Dunn, Judge. Action to recover damages for wrongfully causing the death of the daughter of plaintiff. Judgment for plaintiff. Where a parent seeks to recover damages for loss of services and the like because of the death of a major child, there must be “evidence justifying a reasonable expectation of pecuniary benefit therefrom.”
Read the full summary
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. R. N. Dunn, Judge. Action to recover damages for wrongfully causing the death of the daughter of plaintiff. Judgment for plaintiff. Where a parent seeks to recover damages for loss of services and the like because of the death of a major child, there must be “evidence justifying a reasonable expectation of pecuniary benefit therefrom.” (3 Sutherland, Damages, p. 283; 2 Sedgwick, Damages, 8th ed., sec. 576; 8 Am. & Eng. Eney. of Law, 2d ed., p. 920; Penn. B. B. Co. v. Adams, 55 Pa. 499; Cooper v. By. Co.,…
1Opinion of the CourtSullivan, J.
This action was brought by the respondent to recover damages from the appellant for wrongfully causing the death of his daughter, Frances Golden. The daughter was injured in a railroad wreck on July 31, 1909, and died from such injuries two days later. The case of Golden v. Spokane & Inland Empire Ry. Co., decided at this term of this court, involved the death of the seven year old son of the plaintiff and arose out of the same railway accident and is reported in ante, p. 525, 118 Pac. 1076.
The case was tried by the court with a jury and a verdict was rendered for $6,535, which includes $535,…
2Cases cited8 opinions
- State ex rel. Milsted v. Butte City Water Co.Montana Supreme Court · 1896
- Read v. BuffumCalifornia Supreme Court · 1889
- Seattle National Bank v. MeerwaldtWashington Supreme Court · 1894
- Golden v. Spokane & Inland Empire RailroadIdaho Supreme Court · 1911
- Wilson v. AllenOregon Supreme Court · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ellis v. Ashton & St. Anthony Power Co.Idaho Supreme Court · 1925