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

References: [1858] EngR 669, (1858) 3 H & N 211, (1858) 157 ER 448
Links: Commonlii
In an action on the 9 & 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.
This case is cited by:

  • Cited – Hay -v- Hughes CA ([1975] QB 790, Bailii, [1974] EWCA Civ 9)
    A couple had died in a road accident. The court considered the award of damages for dependency. . .