Torts - Wrongful Death - Expected Inheritance as an Element of Damages

Plaintiff, the widow of a railroad employee who was killed as the result of the defendant's negligence, instituted this action under the Federal Employers' Liability Act to recover damages for his death. The lower court in awarding a judgment refused to include the plaintiff's expectancy of inheritance in the measure of damages. On appeal, held, reversed. The expectance of an inheritance from the deceased is a pecuniary benefit which the beneficiary of the action might reasonably have received if the deceased had not died of his injuries.

Martin v. Atlantic Coast Line Railroad Company, (5th Cir. 1959) 268 F. (2d) 397.