Atchison, Topeka & Santa Fe Railway Co. v. Fajardo

Citations

• 74 Kan. 314
• 86 P. 301
• 1906 Kan. LEXIS 63

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Death by Wrongful Act — Parties—Non-resident, Alien Parents. Non-resident, alien parents, next of kin of a minor son whose death was wrongfully caused by the negligence of another, may maintain an action to recover for his death.</p> <p>2. - Requisite Proof of Anticipated Benefits — Verdict Not Excessive. In such a case proof as to the value of actual services rendered or which might have been rendered by the minor son is not indispensable to a recovery, but there must be evidence to justify a reasonable expectation of pecuniary benefit to his parents in the continuance of his life. In the present case it is held, that the testimony of the age, intelligence and habits of the minor, his relationship and disposition toward his parents, and of their situation, is deemed to be sufficient to justify a reasonable expectation of future benefits, and to sustain the awárd which the jury made.</p>