ROSE v. FORD.

(1935) 53 Ll L Rep 1

COURT OF APPEAL.

Before Lord Justice Greer, Lord Justice Slesser and Lord Justice Greene.

Damages-Law Reform (Miscellaneous Provisions) Act, 1934-Motor accident -Collision on Aug. 4, 1934, between motor cycle combination (in which R was passenger) and defendant's motor car - R seriously injured - Leg amputated on Aug. 6-Death of R on Aug. 8-Claim by administrator for damages (a) under Fatal Accidents Acts as partial dependant of deceased; (b) under Act of 1934 for the benefit of R's estate (i) in respect of pain and suffering; (ii) in respect of the loss of a leg; (iii) in respect of the shortening of R's reasonable expectation of life (Flint v. Lovell, [1935] 1 K.B. 354)- Sect. 1 (2): "Where a cause of action survives as aforesaid for the benefit of the estate of a deceased person, the damages recoverable for the benefit of the estate of that person: . . . (c) where the death of that person has been caused by the act or omission which gives rise to the cause of action, shall be calculated without reference to any loss or gain to his estate consequent on his death, except that a sum in respect of funeral expenses may be included"-Assessment of damages by Humphreys, J., under head (a): £300; under (b) (i) and (ii): £500-Damages refused under head (b) (iii)-Appeal by defendant against assessment of damages under heads (b) (i) and (ii)- Cross-appeal by plaintiff against refusal of learned Judge to award damages in respect of the "shortening of the expectation of life."