Charles Cox and Albert Earl Jones v. Agnes H. Remillard, Administratrix of the Estate of Edward S. Remillard, Deceased

This was an action under the Oregon Wrongful Death Act, brought in the court below by reason of the diversity of citizenship of the parties. The defendants, appellants here, were charged with having caused the death of Edward S. Remillard, the plaintiff’s decedent, through the negligent operation of a tractor at a place near The Dalles, Oregon. Edward S. Remillard was then three years of age and had a life expectancy of 61 years. Upon trial to. the court without a jury, the plaintiff administratrix recovered judgment for $10,000 general damages, and $238 special damages. (The latter were for funeral expenses.)

No question is raised upon this appeal as to the propriety of the trial court’s finding of negligence on the part of the defendants. All the assignments of error relate to the amount of. the judgment. It is not only alleged that the award is excessive and based wholly upon speculation, but that the Oregon statute does not permit any recovery for the benefit- of the estate of a three year old decedent, and that a construction of such statute as permitting any such recovery would render the Act unconstitutional.

The Oregon Wrongful Death Act, Oregon Revised Statutes, §…