346 



NEGLIGENCE IN THE USE OF HORSES, ETC. 



Cannot be 

 given for 

 funeral ex- 

 penses. 



Damages not 

 given to a 

 class but to 

 individuals. 



The expectation of life of the deceased is an element 

 to be considered by the Jury in assessing Damages (/). 

 But the Jury are to give a fair compensation, and not to 

 treat the Damages on the footing of the value of an 

 annuity {g). 



No Damages can be given for funeral expenses or 

 mourning. For the subject-matter of the Statute is 

 compensation for injury by reason of a relative not being 

 alive, and there is no language in the Statute referring 

 to the cost of the ceremonial of respect paid to the 

 memory of the deceased in his funeral, or in putting on 

 mourning for his loss (A) . 



The remedy given by Lord Campbell's Act (?') is not 

 given to a class but to individuals ; and, therefore, on 

 the death of a person, whose income arose from land 

 and personalty independent of any exertion of his own, 

 although no portion of it was lost to his family, as a 

 whole, by his death, the action is maintainable, if, in con- 

 sequence of that death, the mode of its distribution is 

 changed to the detriment of some of the members of the 

 family, though to the advantage of others (/>•). 



(/) Moivley v. London ami North 

 IFcstcrn Railway Co., L. R., 8 Ex. 

 221 ; 42 L. J., Ex. 153— Ex. Ch. 



{g) Armsworth v. South Eastern 

 Eaihvaii Co., 11 Jur. 758 ; Surrey 

 Summer Assizes, 1847, cor. Parke, 

 B., cited L. R., 8 Ex. 230 ; Eoscoe, 



N. P., 13tb ed. 753. 



(/;) Bait on v. South Eastern liail- 

 u-aij Co., 27 L. J., C. P. 227. 



(0 9 & 10 Vict. c. 93. 



[k) Pym V. Great Northern Rail- 

 tcay Co., 4 B. & S. 396. 



