George Franklin, Administrator Of Thomas Franklin, Deceased v The South Eastern Railway Company: 7 May 1858

In an action on the 9 and 10 Vict c. 93, for injury resulting from death, the damages should be calculated in reference to a reasonable expectation of pecuniary benefit, its of right or otherwise, from the continuance of the life. In an action by a father for injury resulting from the death of his son, it appeared that the father was old and infirm, that the son, who was young and earning good wages, assisted his father in some work for which the father was paid 3s 6d. a week. The jury having found that the father had a reasonable expectation of benefit from the continuatice of his son’s life : Held, that the action was maintainable.

Citations:

[1858] EngR 669, (1858) 3 H and N 211, (1858) 157 ER 448

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Commonlii

Cited by:

CitedHay v Hughes CA 17-Oct-1974
A couple had died in a road accident. The court considered the award of damages for dependency. . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 02 May 2022; Ref: scu.289140