Burk v. Arcata & Mad River Railroad

Citations

• 125 Cal. 364
• 57 P. 1065
• 1899 Cal. LEXIS 864

Syllabus

<p>Action fob Death—Adult Colla tesad Heibs—Failure of Pboof —Nominal Damages—Instruction— In an action for a death brought by the adult collateral heirs of the deceased, the mere fact that they are such heirs does not tend to show pecuniary damage; and in the absence of other proof tending to .show actual, damages, or, at least, probable loss, resulting to them from the death, the jury should be instructed that their recovery must be limited to nominal damages.</p> <p>Id.—Speculative Possibilities of Benefits.—Mere speculative or conjectural possibilities of benefits to the parties complaining are not a proper basis for an estimate of damages resulting from a death.</p>