Westmoreland Law Journal Volume 8

Westmoreland Law Journal Volume 8

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 edition. Excerpt: ...loss, for which they could and did recover. A showing of earning capacity and a demonstrated measure of the expense of maintenance of deceased while living, afford an evidentiary means of showing that the parents have sustained a pecuniary loss, in the death of their child, but it is not the sole and exclusive evidentiary means of showing that fact in every possible case. That is the best mode of proof, and if possible, under the circumstances of a concrete case, it might be resorted to, to sustain a recovery--but the circumstances of some concrete cases will not permit of this being done, and, still, parents, by other means of proof, may, and in adjudicated cases, have demonstrated their right to a recovery for a pecuniary loss. If, through negligence, a defendant, in a supposable case, had killed a plaintiff's unbroken colt, the defendant would not be permitted to say at a trial, that the plaintiff had sustained no pecuniary loss, because the colt, before its death, had never rendered any service to the plaintiff, or that, instead of inflicting pecuniary loss, he had conferred a benefit on the plaintiff, by terminating by the killing of the colt, the burden of maintenance of an unproductive animal. Pecuniary loss to an owner in such case, could be, and would be, provable by a resort to other available evidentiary facts, than what, in some cases, could be made to appear, from the past services and expense of maintenance of the animal. All the prospective, but never yet-realized, services of that colt would belong to the plaintiff, subject to prospective expense of its maintenance, and the owner's pecuniary loss could be appropriately proven through a showing of the breed physical soundness, size, health, and other considerations pertinent to...show more

Product details

  • Paperback | 68 pages
  • 189 x 246 x 4mm | 141g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236660943
  • 9781236660947