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8
In the Matter of Cambria Steamship Co. Nos. 73-1349-50
provides a right of recovery for loss of the estate itself, apart
from whether there exist any surviving next of kin.9
The fundamental difference between loss to survivor statutes
and loss to estate statutes is that:
"Whereas most loss to survivors statutes will permit
either no recovery at all or only a small measure of nominal
damages, or special damages such as medical or funeral
expenses, in cases where decedent is not survived by any
statutory beneficiary, most loss to the estate statutes permit
the action to be maintained and allow recovery of the
full measure of the loss to the estate notwithstanding the
fact that decedent is survived by no next of kin or statu-
tory beneficiary." SPEISER, RECOVERY FOR WRONGFUL
DEATH (1966), at p. 251.
This argument is particularly necessary to the claim of the
Crawley estate since no brother or sister would probably have
survived Captain Crawley, he being the youngest, and we
recognize. some merit in it. Such an approach in essence
measures the net value of the life which was wrongfully taken,
and in measuring the responsibility of the tortfeasor thereby;
provides a simpler means of computing damages. It also avoids
what is claimed to be an unconscionable result where a val-
uable life is taken, but there exists no obligation on the part
of the tortfeasor to pay for it because no survivor could make
claim for the loss of it.
We reject this view, however, because it has commended
itself to so few other jurisdictions, and because its funda-
mentally punitive approach is inconsistent with the expressed
compensatory philosophy of the maritime law.
9 See SPEISER, RECOVERY FOR WRONGFUL DEATH (1966), § 3.2, where
the author indicates that several states measure damages
solely by loss to the estate, while a few others, e.g. Florida, provide
that a claim for estate loss may be made where there are no
surviving statutory beneficiaries.
NW 12640 DocId:59167994 Page 61
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"ocrText": "8\nIn the Matter of Cambria Steamship Co. Nos. 73-1349-50\nprovides a right of recovery for loss of the estate itself, apart\nfrom whether there exist any surviving next of kin.9\nThe fundamental difference between loss to survivor statutes\nand loss to estate statutes is that:\n\"Whereas most loss to survivors statutes will permit\neither no recovery at all or only a small measure of nominal\ndamages, or special damages such as medical or funeral\nexpenses, in cases where decedent is not survived by any\nstatutory beneficiary, most loss to the estate statutes permit\nthe action to be maintained and allow recovery of the\nfull measure of the loss to the estate notwithstanding the\nfact that decedent is survived by no next of kin or statu-\ntory beneficiary.\" SPEISER, RECOVERY FOR WRONGFUL\nDEATH (1966), at p. 251.\nThis argument is particularly necessary to the claim of the\nCrawley estate since no brother or sister would probably have\nsurvived Captain Crawley, he being the youngest, and we\nrecognize. some merit in it. Such an approach in essence\nmeasures the net value of the life which was wrongfully taken,\nand in measuring the responsibility of the tortfeasor thereby;\nprovides a simpler means of computing damages. It also avoids\nwhat is claimed to be an unconscionable result where a val-\nuable life is taken, but there exists no obligation on the part\nof the tortfeasor to pay for it because no survivor could make\nclaim for the loss of it.\nWe reject this view, however, because it has commended\nitself to so few other jurisdictions, and because its funda-\nmentally punitive approach is inconsistent with the expressed\ncompensatory philosophy of the maritime law.\n9 See SPEISER, RECOVERY FOR WRONGFUL DEATH (1966), § 3.2, where\nthe author indicates that several states measure damages\nsolely by loss to the estate, while a few others, e.g. Florida, provide\nthat a claim for estate loss may be made where there are no\nsurviving statutory beneficiaries.\nNW 12640 DocId:59167994 Page 61"
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