Smith v. Chicago, Mil. & St. P. Ry. Co.

Citations

• 6 S.D. 583
• 28 L.R.A. 573
• 62 N.W. 967
• 1895 S.D. LEXIS 162

Syllabus

<p>1. In an action under the provisions of section 5499, Comp. Laws, brought by a father, as administrator of the estate of his deceased son, who was of age, and who left no widow or child, and who was killed by the negligence of a railroad company, the father, if entitled to recover at all, was only entitled to recover such pecuniary damages as he sustained as such father (he being the only heir); and the charge of the court so instructing the jury, was not erroneous.</p> <p>2. When, in such action, the only evidence as to the damage sustained by the father was that he (the father) was 64 years of age; that his son, at the time of his death, was over 28 years of age; that he had lived with the father since he attained his majority, except one year; and that he was strong, healthy, and a good laborer, — a verdict for nominal damages only will not be disturbed in this court on appeal.</p> <p>(Syllabus by the Court.</p>