Korrady v. Lake Shore & Michigan Southern Railway Co.

The appellee’s contention that, the complaint is bad' because it does not specifically show that actual damages were sustained by the widow and infant children of the appellant’s intestate can not prevail. Where a complaint charges a railroad company with wrongfully killing a person, shows that the person so killed was free from contributory fault, and that he left a widow and infant children surviving him, a cause of action is stated, although it is not directly alleged that the surviving kin folks sustained actual damages. The legal presumption is that infant children are entitled to the…