Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 72
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 edition. Excerpt: ...damages sustained by him; 'but they might, in their discretion, find such compensatory damages as they might deem just and proper, in view of all the evidence, for the mental anguish and injury to the afl'ections of the plaintiff occasioned by the injury and suffering of the child, not exceeding the amount claimed in the petition. At common law in cases of injuries to the person, if either the party who committed or who received the injury died, the action abated, the maxim being actio personalis moritur cum persona. This rule of law has, to some extent, been changed in this state by various statutory enactments, under which actions may in many instances be prosecuted in the name of the personal representative of the party killed. The present cause of action, however, is not based upon any of these statutes. The father of the child is seeking to recover upon the alleged ground that he was entitled to the services of the child, and the foundation of the action is the relation of master and servant. It is not maintained because the appellee is the father of the child, but upon the ground alone that he is entitled to the child's service. If a servant in his employ, in no wise related to him, and to whose services he was entitled, had been injured in the same manner, this action could have been maintained by the appellee for the loss of service, and the criterion of recovery would have been in every respect identical. It results therefore that if the parent can recover damages to the same extent for an injury to one who is not related to him by reason of this loss of service, his recovery is limited in the same manner for an injury to his child. No damages can be awarded him because of his injured feelings as parent. The child, if...
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- 13 Sep 2013
- Illustrations, black and white