Edwards Transfer Co., Inc. v. Brown

HECHT, Justice.

Robert L. Jenkins was killed at work when an electric hoist fell and struck him, and this wrongful death action ensued. The jury awarded Jenkins’ mother and three illegitimate children, plaintiffs-appel-lees, $554,350 actual and exemplary damages against the company which installed the hoist, defendant-appellant.

We hold that illegitimate children have an unrestricted statutory right to sue for the wrongful death of their father. We conclude, however, that the district court erred in refusing to inquire of the jury whether the decedent’s own negligence contributed to his death.…