(Download) "Miner v. Mckay" by Supreme Court of Connecticut " eBook PDF Kindle ePub Free
eBook details
- Title: Miner v. Mckay
- Author : Supreme Court of Connecticut
- Release Date : January 28, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
This was an action claiming damages for the wrongful death of the plaintiff's decedent, caused by the negligent operation of a motor vehicle owned by the named defendant and operated by his son, the defendant Burton W. McKay. Liability upon the part of both defendants was admitted, and the sole issue presented to the jury was the amount of damages to be awarded. Death was instantaneous and therefore no ante-mortem elements of damage were present. The only item of special damage was a funeral bill of $456. The jury returned a verdict of $36,000, which the court refused to set aside as excessive. Since there were no requests to charge or exceptions to the charge as given, the charge is presumed to have been correct. Mercier v. Naugatuck Fuel Co., 139 Conn. 521, 528, 95 A.2d 263. We have recently had occasion to review our rule of damages in wrongful death actions. Floyd v. Fruit Industries, Inc., 144 Conn. 659, 669, 136 A.2d 918. It is difficult, in the case of a young child with this long actuarial expectancy, to forecast the scope of the activities which, but for death, she would have carried on and enjoyed through a lifetime. The evidence, however, fully warranted the following statement of the trial court, in its memorandum of decision refusing to set aside the verdict: "The decedent was a girl nine years old, with an [actuarial] life expectancy of 65.25 years. The jury could have found from the testimony that she was a sweet child, courteous and attentive; that she had many friends [and] was well behaved; that she was active in the junior choir every Sunday [and] was in the top bracket of her class in scholarship, having marks of A and B; that socially she got along well; that she was a terrific worker and wanted extra work; [that she] was interested in the junior Girl Scouts [and] had excellent [145 Conn. 624]
 "Miner v. Mckay" by Supreme Court of Connecticut " eBook PDF Kindle ePub Free){kind=link}