Allen v. Moore, No. 510.

Docket NºNo. 510.
Citation199 A. 257
Case DateMay 03, 1938
CourtUnited States State Supreme Court of Vermont
199 A. 257

ALLEN
v.
MOORE et al.

No. 510.

Supreme Court of Vermont. Franklin.

May 3, 1938.


POWERS, C. J., dissenting.

Exceptions from Franklin County Court; Charles A. Shields, Judge.

Action by Frank Allen, administrator of Aretta Allen, deceased, against Elsie Moore and another to recover for the death of the deceased, who was plaintiff's minor daughter. Judgment for plaintiff for $200, and plaintiff brings exceptions.

Affirmed.

Argued before POWERS, C. J., and SLACK, MOULTON, SHERBURNE, and BUTTLES, JJ.

William R. McFeeters and P. C. Warner, both of St. Albans, for plaintiff. M. G. Leary, of Burlington, for defendants.

SLACK, Justice.

This suit is brought under P.L. 2859, 2860 to recover damages resulting to plaintiff and his wife from the death of their minor daughter, Aretta, which it is claimed was caused by the negligence of the defendants. The plaintiff had a verdict and judgment below for two hundred dollars. He brings the case here on exceptions to the refusal of the court to set aside the verdict as to damages, or in toto, on the ground that the amount thereof shows that the jury wholly disregarded the instructions of the court on that issue and that the verdict was the result of passion, partiality and prejudice.

The damages recoverable in cases of this nature are limited to the pecuniary loss or injury which the next of kin of the deceased sustain by reason of his or her death. D'Angelo, Adm'x, v. Rutland Ry., L. & P. Co., 100 Vt. 135, 135 A. 598, and cases cited. In the instant case they are limited to the value of Aretta's services during the remainder of her minority, since there was no evidence of a reasonable expectancy of pecuniary benefit from the continuation of her life beyond that time. The only direct evidence bearing on this question is the testimony of the plaintiff. He testified, in substance, to the following facts: Aretta was in good health prior to her death which occurred September 23, 1936. She was then seventeen years and one month old and had completed the eighth grade in school the June before. She lived in his family which consisted of himself, Aretta's mother, Aretta and another person concerning whom nothing appeared. His wife worked at a hotel in St. Albans for an average weekly wage of $10 "pretty much continuously" after 1922 until Aretta's death, when she had to quit because there was no one to attend the house and

199 A. 258

get the meals. Aretta had formerly done general housework in the home—cooking, sweeping, dusting, light washings, getting the meals, etc. When she was in school plaintiff tried at different times to get a girl to do that work and...

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8 practice notes
  • Clymer v. Webster, No. 88-631
    • United States
    • Vermont United States State Supreme Court of Vermont
    • June 7, 1991
    ...the monetary loss occasioned by the parents' deprivation of their child's services. See, e.g., Allen v. Moore, 109 Vt. 405, 409, 199 A. 257, 258 (1938) ($200 verdict for wrongful death of 17-year-old daughter not grossly inadequate); see also Sawyer v. Claar, 115 Idaho 322, 327-28, 766 P.2d......
  • Tatum v. Schering Corp.
    • United States
    • Supreme Court of Alabama
    • March 18, 1988
    ...Utah 151, 140 P.2d 772 (1943); see Bassett v. Vermont Tax Dept., 135 Vt. 257, 376 A.2d 731 (1977); see also Allen v. Moore, 109 Vt. 405, 199 A. 257 (1938); Cassady v. Martin, 220 Va. 1093, 266 S.E.2d 104 (1980); Kramer v. Portland Seattle Auto Freight, 43 Wash.2d 386, 261 P.2d 692 (1953); M......
  • Mitchell v. Buchheit, No. 59805
    • United States
    • Missouri Supreme Court
    • December 19, 1977
    ...might reasonably have expected to have received after majority). VERMONT (Stat.Ann. Title 14 § 1491-92) Allen v. Moore, 109 Vt. 405, 199 A. 257(1) (1938); Butterfield v. Community Light and Power Co., 115 Vt. 23, 49 A.2d 415(7-9) (1946) (on proper showing damages would include loss of reaso......
  • Hartnett v. Union Mut. Fire Ins. Co., No. 87-033
    • United States
    • Vermont United States State Supreme Court of Vermont
    • November 17, 1989
    ...only for "pecuniary loss." See Calhoun v. Blakely, 152 Vt. 113, ----, 564 A.2d 590, 592 (1989); Allen v. Moore, 109 Vt. 405, 407, 199 A. 257, 257 (1938). The pecuniary loss rule has been particularly controversial in cases where the decedent is a child because it often allows no r......
  • Request a trial to view additional results
8 cases
  • Clymer v. Webster, No. 88-631
    • United States
    • Vermont United States State Supreme Court of Vermont
    • June 7, 1991
    ...the monetary loss occasioned by the parents' deprivation of their child's services. See, e.g., Allen v. Moore, 109 Vt. 405, 409, 199 A. 257, 258 (1938) ($200 verdict for wrongful death of 17-year-old daughter not grossly inadequate); see also Sawyer v. Claar, 115 Idaho 322, 327-28, 766 P.2d......
  • Tatum v. Schering Corp.
    • United States
    • Supreme Court of Alabama
    • March 18, 1988
    ...Utah 151, 140 P.2d 772 (1943); see Bassett v. Vermont Tax Dept., 135 Vt. 257, 376 A.2d 731 (1977); see also Allen v. Moore, 109 Vt. 405, 199 A. 257 (1938); Cassady v. Martin, 220 Va. 1093, 266 S.E.2d 104 (1980); Kramer v. Portland Seattle Auto Freight, 43 Wash.2d 386, 261 P.2d 692 (1953); M......
  • Mitchell v. Buchheit, No. 59805
    • United States
    • Missouri Supreme Court
    • December 19, 1977
    ...might reasonably have expected to have received after majority). VERMONT (Stat.Ann. Title 14 § 1491-92) Allen v. Moore, 109 Vt. 405, 199 A. 257(1) (1938); Butterfield v. Community Light and Power Co., 115 Vt. 23, 49 A.2d 415(7-9) (1946) (on proper showing damages would include loss of reaso......
  • Hartnett v. Union Mut. Fire Ins. Co., No. 87-033
    • United States
    • Vermont United States State Supreme Court of Vermont
    • November 17, 1989
    ...only for "pecuniary loss." See Calhoun v. Blakely, 152 Vt. 113, ----, 564 A.2d 590, 592 (1989); Allen v. Moore, 109 Vt. 405, 407, 199 A. 257, 257 (1938). The pecuniary loss rule has been particularly controversial in cases where the decedent is a child because it often allows no r......
  • Request a trial to view additional results

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