Dando v. Home Telephone Co.
Dando v. Home Telephone Co.
Opinion of the Court
In this action the plaintiffs asked damages for the death of their minor son alleged to have been due to the negligence of the defendant company while said son was in its employ. The facts of the casé need not be stated. We think they were sufficient to send the case to the jury and, indeed, it is not seriously insisted to the contrary. In the instruction on the measure of damages, the court, along with other elements of damage, allowed the jury to assess damages for the plaintiffs for the loss of companionship of their son. This part of the instruction was as follows:
“And again: You are to allow them a reasonable sum to compensate them for the loss of the companionship and society of their son for the period of his minority. Mental anguish or grief on his death is not an element of damages and should not be considered by you in making up your verdict.”.
The judgment is reversed and the cause remanded.
Reference
- Full Case Name
- DANDO v. HOME TELEPHONE COMPANY
- Cited By
- 1 case
- Status
- Published