Spiro v. Felton

CLARK, District Judge.

It is urged as ground for a new trial in this case that the court allowed plaintiff to prove the number of and ages of the children. It is certainly true that, as a general proposition of law, such evidence would not be relevant. As the right of action given in eases like this for death of a person is, under the statute (Mill. & V. Code, § 3130), “for the benefit of his widow or *92next of kin, free from the claims of creditors,” and as by the act of 1883, c. 186 (Code, § 3134), damages are also given to the parties for whose use and benefit the right of action survives,…