Eichorn v. New Orleans & C. R., Light & Power Co.

Citations

• 114 La. 712
• 38 So. 526
• 1904 La. LEXIS 522

Syllabus

<p>APPEAL BOND — USE OE ABBREVIATIONS— CORPORATION AS SURETY — WRONGFUL DEATH —ACTION BY MINOR CHILDREN.</p> <p>1. The use of abbreviations in judicial documents is dangerous, and to be avoided. In this particular instance it was not prejudicial, as their meaning was shown by identification with different parts of the record.</p> <p>2. The objections to the qualifications of the company, which signed the appeal bond of the plaintiff are met and answered by the statutes on the subject of such companies and the certificate of the Secretary of State.</p> <p>3. The authority of the parties who signed the appeal bond for the surety company is shown to the satisfaction of the court. The company has not only not questioned their authority, but has received a premium for becoming such surety.</p> <p>On the Merits.</p> <p>4. The right of the minor children of a person who has been killed by the fault of another to an action against the party committing the fault for damages is a statutory right, and the extent of the relief to be given them is controlled by the evident intent of the statute. The fact that the beneficiaries under the statute are not “all” the children, but only those who are “minors,” indicates clearly that the object was to save the latter harmless during minority from loss of the benefits (material and moral) which they would have received from the father up to the time of their respective majorities had he lived to tide them over during that period under as favorable conditions as would have existed had he not been killed. The amount of property which the father might have possibly earned up to the date of his probable natural death, and which the children might have inherited at that time, does not enter as a factor in determining to what extent they are entitled to a judgment. -The amount decreed to the minors should be apportioned among them according to the length of their respective minorities. One of the minors, who, after bringing suit, became of ag