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eBook details

• Title: Barbara Guy v. George C. Johnson
• Author : Appeals Court of Massachusetts
• Release Date : January 11, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

The father of a nine year old child who had, in effect, abandoned connection with the child from the time the child was one year old, was not entitled by virtue of G. L. c. 229, § 1 (4), to share equally as next of kin in the distribution of settlement proceeds of an action for the wrongful death of the child, and thus the mother, who from birth had cared for and had had a close relationship with the child, properly received the proceeds under language of G. L. c. 229, § 2, expressing damages for wrongful death in terms of the fair value of the decedent to those entitled to recover. [759-761] Discussion of decisions by courts in other jurisdictions which have considered the apparent conflict between provisions in a wrongful death statute adopting the compensatory principle of the recovery of damages, and related provisions concerning distribution of the recovery. [761-763]

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