Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Drumm
Decision Date | 10 March 1904 |
Docket Number | 4,686 |
Citation | 70 N.E. 286,32 Ind.App. 547 |
Court | Indiana Appellate Court |
Parties | CLEVELAND, CINCINNATI, CHICAGO & ST. LOUIS RAILWAY COMPANY v. DRUMM, ADMINISTRATOR |
From Delaware Circuit Court; J. G. Leffler, Judge.
Action by Enoch Drumm, administrator of the estate of Rachel Driscoll, deceased, against the Cleveland, Cincinnati Chicago & St. Louis Railway Company. From a judgment for plaintiff, defendant appeals.
Reversed.
W. A Thompson, W. H. Thompson and J. W. Ryan, for appellant.
G. H Koons, for appellee.
Appellee 's decedent and her husband were killed in the same accident at a highway crossing. Appellee brings the statutory action, the damages to be recovered to inure to the benefit of the next of kin. Decedent left, as her next of kin, brothers and sisters and a niece and nephews. The brothers and sisters, the youngest of whom is fifty-five years old, are married, settled in life, have homes of their own, and are the heads of families. The niece and nephews, children of a deceased sister of the decedent, lived with their father as a family, and had so lived since their mother's death. None of these next of kin depended upon decedent for pecuniary support or assistance.
The court gave, among other instructions, the following:
It is not claimed that the decedent was under any legal obligation to support the next of kin for whose benefit this action was brought. The presumption that the wife and children sustain a pecuniary loss in some amount by the death of the husband and father does not obtain in a case like that at bar. For determining the pecuniary loss in such cases as this, any general rule is not possible, but such loss must of necessity depend...
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Cleveland, C., C. & St. L. Ry. Co. v. Drumm
... ... Action by Enoch Drumm, as administrator, against the Cleveland, Cincinnati, Chicago & St. Louis Railway Company. Judgment for plaintiff, and ... ...