 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1884 - 740 páginas
...defeat the action altogether. The question of contributory negligence was, however, pertinent tinder either enquiry. The charge is also erroneous in instructing...this is the statutory action given by sec. 2291, et seq., of the code, and is the same action, whether it be brought by the injured party in person or... | |
 | 1899 - 932 páginas
...In Nashville, etc., R. Co. v. Smith, 9 Lea (Tenn.) 474, 15 Am. & Eng. R. Cas. 469, a charge was held erroneous "in instructing the jury that in estimating...and protection of the deceased as wife and mother." In Nashville, etc., R. Co. v. Stevens, 9 Heisk. (Tenn.) 12. it was held error for the trial court to... | |
 | Thomas Johnson Michie - 1906 - 952 páginas
...court, in Norfolk, etc., R. Co. v. Ampey, 93 Va. 108, 25 SE 226, approved of an instruction which told the jury that in estimating damages they might take into consideration the mental as well as the physical suffering, arising from plaintiff's injuries. Norfolk, etc., R. Co.... | |
 | 1906 - 2096 páginas
...locomotive engine of the eompahy, as follows : " The third question relates to damages. The Court instructed the jury that, in estimating damages, they might take into consideration the actual pecuniary loss to the plaintiff, occasioned by the death of the son, and the services; and also,... | |
 | John Milton Gardner, Walter James Eagle - 1900 - 884 páginas
...663. This court, in Ampey's Case, 93 Va. 11o, 25 SE Rep. 226, approved of an instruction which told the jury that in estimating damages they might take into consideration the mental, as well as the physical, suffering, arising from the plaintiff's injuries. It was not error... | |
 | 1920 - 584 páginas
...influence them in assessing damages. Not only was this not done, but the learned trial Judge informed the jury that in estimating damages they might take into consideration the "dishonour" which the parent suffered. This, in my opinion, was a clear misdirection, which, in the... | |
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The charge is also erroneous in instructing the jury that in estimating damages, they might take into consideration the loss of social relation of ' husband and wife, parent and child, etc., and the advice and protection of the deceased as wife and mother. 