Beaman v. Martha Washington Mining Co.
Utah Supreme Court
Appeal from the Fifth District Court, Juab County. — Hon. JE. V: Higgins, Judge. Action for damages for the negligent killing of plaintiff’s minor son by defendant. From a judgment for plaintiff defendant appealed.
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Appeal from the Fifth District Court, Juab County. — Hon. JE. V: Higgins, Judge. Action for damages for the negligent killing of plaintiff’s minor son by defendant. From a judgment for plaintiff defendant appealed. It will be seen from sections 2911 and 2912, giving the right of action, that in this class of cases, in case of a minor, the right is confined to the father, mother or guardian, according as the parental relation may exist, and that such damages may be given, as under all the circumstances of the case may be just. The heirs of a minor, as heirs, are given no right of action. It is…
1Opinion of the Court
HaRT, Dist. Judge,
(after stating the facts).
The defendant complains of the following instruction, No. 26: “If you find for the plaintiff, you will then award such damages as in your judgment from the evidence the plain*146tiff bas sustained. You can not award any damages for tbe mental suffering or injured feelings of any of tbe relatives of tbe deceased. In determining tbe amount of damages you may take into consideration tbe age, mental and physical health at the time of bis death, bis probable length of life, bis ability and disposition to labor, his habits of living, tbe probable earnings of…
2Cases cited28 opinions
- Baltimore & Potomac Railroad v. MacKeySupreme Court of the United States · 1895
- Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888
- Gulf, Colorado & Santa Fe Railway Co. v. ComptonCourt of Appeals of Texas · 1890
- Lowe v. Salt Lake CityUtah Supreme Court · 1896
- Pool v. Southern Pacific Co.Utah Supreme Court · 1899
23 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Allen v. United StatesDistrict Court, D. Utah · 1984
- Jones v. CarvellUtah Supreme Court · 1982
- Balle v. SmithUtah Supreme Court · 1932
- Atkeson v. Jackson EstateWashington Supreme Court · 1913
- Van Cleave v. LynchUtah Supreme Court · 1946
4 more not listed; retrieve them via the Exa API.