# Smith v. City of Detroit Swarthout

> Michigan Supreme Court · November 29, 1972 · 388 Mich. 637

URL: https://www.frixlaw.com/law-library/cases/9516113

## Case

- **Full name:** Smith v. City of Detroit; Swarthout v. Beard
- **Court:** Michigan Supreme Court
- **Decided:** November 29, 1972
- **Citations:** 388 Mich. 637; 202 N.W.2d 300; 1972 Mich. LEXIS 142
- **Precedential status:** Published
- **Opinion:** Dissent by Brennan
- **Judges:** Kavanagh, Adams, Williams, Swainson, Black, Brennan
- **Cited by:** 78 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9516113

## Opinion text

T. E. Brennan, J.
(dissenting). The majority refer several times to "pecuniary damages”. The phrase is redundant and confusing. No one has ever doubted the right of a plaintiff in a wrongful death action to recover "pecuniary damages”. All damages are pecuniary damages. Damage verdicts are always expressed in dollars and cents. They result in money judgments.
The issue, so long debated here, was never whether "pecuniary damages” could be awarded for loss of society and companionship. The issue was whether or not loss of society and companionship was a "pecuniary injury” within the meaning of the former statute which permitted the recovery of " * * * damages * * * with reference to pecuniary injury * * * ”.
The argument that Breckon misread Wycko because Wycko overruled Courtney does not follow, unless it be presumed that there is no middle ground between loss of earnings and loss of companionship.
*653 By the way, whatever happened to Rohm v Stroud; 386 Mich 693 (1972)?
Black and T. G. Kavanagh, JJ., concurred with T. E. Brennan, J.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9516113. Public record. Not legal advice.