Smith v. Foote

The judgment and order should be reversed because cf error in a ruling on evidence and because the verdict was inadequate. The action is for negligence and was brought to recover damages for the death of a boy, three and one-half years old and in good health. The court ruled that the financial condition of the next of kin was not an element for consideration on the question of damages. Properly proved and under certain conditions, the financial condition of the next of kin may be shown. (Lockwood v. N. Y., L. E. & W. R. R. Co., 98 N. Y., 523, 526; Frank v. Otis, 15 N. Y. St. Repr. 681; affd.,…