Can a master recover for the loss of a servant by death?

Ontario, Canada


The following excerpt is from St. Lawrence & Ottawa Railway Co. v. Lett, 1884 CanLII 17 (ON CA):

It seems to me, therefore, it may well be, that for the death of a servant the master may not have an action, as such service may be obtained for a similar wage, and yet a husband may have an action for injury sustained in the removal of a wife whose death may cause great loss and injury. While Osborne v. Gillett, L.R. 8 Ex. 88, decides that a master cannot recover for the loss of a servant by death, it seems clear that it does not affect the consideration of this case.

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