RUSSELL v. CIRILLO


17 A.D.2d 1005 (1962)

Angus Russell, as Administrator of The Estate of Richard A. Russell, Deceased, Appellant, v. Mary Cirillo, as Administratrix of The Estate of Floyd A. Cirillo, Deceased, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 21, 1962


At the time of his death intestate was 16 years old. He left him surviving parents of the respective ages of 36 and 37 years. There was evidence that he was robust, employed as a farmhand and a carnival worker for short periods of time and within his limited earning capacity financially well-disposed toward his parents. In our judgment the jury inadequately appraised their chances of pecuniary benefit from the continuance of his life. The trial court did not err in admitting...

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