Cleary v. City Railroad

Citations

• 76 Cal. 240
• 18 P. 269
• 1888 Cal. LEXIS 865

Syllabus

<p>Parent and Child—Negligent Killing of Child—Measure of Damages in Action by Parent. — Under section 377 of the Code of Civil Procedure, the amount of damages which a father is entitled to recover for the negligent killing of his minor child is such sum as, under all the circumstances of the case, is just and reasonable; and in determining the amount of the recovery, the jury may properly consider, not only the loss of the child’s services during minority, and the medical attendance and funeral expenses, but also the mental anguish and suffering of the parents.</p> <p>Instructions — Error Presumptively Prejudicial.—An erroneous instruction improperly limiting and controlling the jury in determining the amount of damages which the plaintiff is entitled to recover is presumptively prejudicial.</p>