Baker v Bolton and Others

JurisdictionEngland & Wales
Judgment Date01 January 1807
Date01 January 1807
CourtHigh Court

English Reports Citation: 170 E.R. 1033


Bolton and others

Followed, Osborne v Gillett, 1873, L R 8 Ex 88, Clark v London General Ommbus Co, [1906] 2 K B 660, Berry v Humm, [1915] 1 K B. 627. Admiralty Commissioners v S. S. "Amerika," [1917] A. C 38 Considered and distinguished, Jackson v Watson, [1909] 2 k B 197. Referred to, Kent v Atkinson, [1923] P 142

BAKER V. BOLTON'f-7/- I-* & JC- 1033 [493] Same day baker c bolton and others (In an action for negligence, whereby the plaintiff's wife was killed, he is not entitled to any damages for the loss of her society, or for his mental sufferings on her account, after the moment of her death ) [Followed* Otborne v Gillett, 1873, L R 8 Ex 88, Clark v London General Omnibus Co , [1906J 2KB 660, Berry v Hiimm, fl915| 1 K B. 627 , Admiralty Commissioners \ S'. tf " Amerika" [19L7J A. C 38 Considered and distinguished, Jackson v JFateo, [1909 J 2KB 197. Referred to, /fr/tf v Atkinson, [1923| P 142] Thi was an action against the defendants as proprietors of a stage-coach, on the top of which the plaintiff and his late wife weie travelling from Portsmouth to London, when it was overturned , whereby the plaintiff himself was much bruised, aad his wife was so severely hurt, that she died about a month after in an hospital The declaration besides other special damage, stated, that " by means of the premises, the plaintift had wholly lost, and been deprived of the comfort, fellowship, and of his said wife, and had from thence hitherto suffered and undergone £ieat grief, vexation, and anguish of mind." It...

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44 cases
  • Barclay v Penberthy
    • Australia
    • High Court
    • 2 October 2012
    ...Remoteness — Whether damages recoverable calculated by price of substitute less wages no longer paid to injured employee. Tort — Rule in Baker v Bolton — Whether employer can recover for death of employee. Words and phrases — ‘per quod servitium amisit’, ‘pure economic loss’, ‘vulnerability......
  • Woolworths Ltd v Crotty
    • Australia
    • High Court
    • Invalid date
  • Fuller v The Attorney General
    • Jamaica
    • Court of Appeal (Jamaica)
    • 16 October 1998 some reference to the evolution of tort law on this issue. The starting point on this branch of law is the decision of Baker v. Bolton 1 Camp 493 which was analysed by Lord Parker and Lord Sumner in Admiralty Commissioners v. S.S. Amerika [1917] A.C. 38. This is how Lord Parker stated th......
  • Singh v Persaud
    • Guyana
    • Court of Appeal (Guyana)
    • 14 February 1985
    ... ... dependants of deceased person whose deaths were caused by the wrongful acts or default of others. The damages recoverable thereunder are purely compensatory and are assessed according to the ... representative with a fresh and new cause of action in derogation of the principle in Baker v. Bolton (1808) 1 Camp. 493 ... It merely provides for the survival of the deceased's cause of ... ...
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1 firm's commentaries
  • Is actio per quod still available in Australia?
    • Australia
    • Mondaq Australia
    • 14 October 2012
    ...decided on appeal on issues that may fall outside the pleadings - provided there is no prejudice to the other parties. Footnotes 1 (1808) 1 Camp 493 [170 ER 1033] 2 (1942) 66 CLR 603 3 [2012] HCA 40 at par 96 4 Cifuentes v Fugro Spatial Solutions Pty Ltd [2009] WA SC 316 of 322 5 [2012] HCA......
4 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books Remedies: The Law of Damages. Third Edition Limiting Principles
    • 21 June 2014
    ...Ex 243 ............................................................................ 31, 77, 78, 79, 80 Baker v Bolton (1808), 1 Camp 493, 170 ER 1033, 36(1) Digest (Reissue) 340 .................................................................................... 205 Baker v Willoughby (1969......
  • Mobil Oil Corp. v. Higginbotham-confusion Returns to Maritime Wrongful Death Actions
    • United States
    • Seattle University School of Law Seattle University Law Review No. 2-03, March 1979
    • Invalid date cause of action for wrongful death. The source of Brame's holding stems from Lord Ellensborough's dictum in Baker v. Bolton, 170 Eng. Rep. 1033 (1808), that the cause of action died with the individual. See generally George and Moore, Wrongful Death and Survival Actions under the General......
  • Compensation for Death
    • Canada
    • Irwin Books Remedies: The Law of Damages. Third Edition Compensatory Damages
    • 21 June 2014
    ...and territories now provides for compensation for family members or dependants. 3 Additionally, 1 Baker v Bolton (1808), 1 Camp 493, 170 ER 1033. 2 For example, see Ferraiuolo v Olson , 2004 ABCA 281 at paras 21–22 [ Ferraiuolo ]; Dotto Estate v Thickson , 2013 ABQB 348 at paras 10–15. 3 Fa......
  • Compensation for Death
    • Canada
    • Irwin Books Archive Remedies: the Law of Damages. Second Edition Part one
    • 8 September 2008
    ...provinces and territories now provides for compensation for family members or dependants. 2 Addi- 1 Baker v. Bolton (1808), 1 Camp. 493, 170 E.R. 1033. 2 Family Compensation Act, R.S.B.C. 1996, c. 126; Fatal Accidents Act , R.S.A. 2000, c. F-8; Fatal Accidents Act, R.S.S. 1978, c. F-11; Fat......

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