Lamm v. Lorbacher

The plaintiff appeals from the judgment below on the ground that the amount of damages awarded for the wrongful death of his intestate was inadequate. He assigns as error the court’s charge to the jury in stating the rule for the measure of damages in this case.

In 1846 the common law rule that right of action for personal injury did not survive the death of the injured person was abrogated in England by statute (9 and 10 Vict. C. 93), known as Lord Campbell’s Act, which permitted recovery in an action by the administrator when the death of the decedent was due to the unlawful or negligent act…