The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-11-19
AN UwpoRTANT DECISION.
Nam ages o Mother Received from Rail
read Gem any for the Death OF Her Son.

The following case. containing some in
teresting points In regard to the liability OF
railroads 70 damages for deaths by acci-
dents, IL thus reported by the Columbia
correspondent OF the Charleston Ne,os and
Courier:
The suit OF Mrs. Mary f. jenkins against
the Charlotte, Columbia and Augusta Rall-
road Company for $4,000 damages caused
by the death OF her son, the conclusion OF
which has been already telegraphed, in
volvcd some novel points. The case came
up for trial on Thursday morning before
Judge Kershaw and continued for three
days. A large number OF witnesses were
examined on both sides, and the result OF
tbe tgial was awaited with much Interest.
The plaintiff was represented by Messrs.
Abrcy & Abncy, and the railroad company
BY Ncssrs. Rion & Barron. The case may
be briefly stated rs follows:
BENJAMIN +. jenkins, a freight conductor
In the service OF the Charlotte, Columbia
and Augusta Railroad Company, was in
iured in two accidents to his train, one OF
which occurred in January, 1881, and the
other in April Of the same year. DR.. "A.
n. Tally, OF Columbia, testified that these
accid, nts caused the death OF jenkins on
Nav ~, 1881. Mrs. jenkins, the mother oil
the deceased, brought action against the
rnilroad company for the recovery OF S2O,OOo
damages under the act OF the Legisla-
fure al owing suit TO be brought Tor the
benefit a. tho relatives OF the deceased
when Killed by the negligence OF the per-
sons OF corporations in whose service he
was engaged at the time OF his death.
Upder the common law and before the
passage OF the statute, although II person
was injured he might bring suit and re-
cover for bis injuries, yet il he should be
Killed no recovery could be had, as under
rule Of law the action did not survive.
The mother Of the deceased qualified as
his administrators, and rs such brought
action under the statute for her own bene-
fit. Ii was shown in testimony that Mrs.
jenkins depended mostly upon this son 1oI
support, and she CLAIMED that she was en-
titled TO recover sum that would he equal
10 his yearly salary, less his expenses, lof
the number of years that he would proba-
bly, live, claiming this to amount to $4,000
Judge Kershaw substantially charged the
Jury that they must be limited III this man
ner, as claimed by the defendants, but
that the annual income should not be lin
the support of his mother at the time OF
his death, but that the Jury should take
into consideration the prospects Of the de-
ceased lettering his condition by promo
ton in the employment in which he was
engaged, az claimed by the plaintiffs, he
having been 1T the time OF his death very
young man.
The mother being proved to be ffty-hye
years OF age, the jury were instructed that
they must take her expectancy OF life as
seventeen years, then strike an average OF
what they would find to be the amount
which the deceased would have contributed
each year 10 the support OF his mother, and
then multiply this sum by the figures OBJ
tanned from the annuity tables for that age,
which would he near about nine.
This point judge kershaw stated was a
new one In this State but had previously
been raised by the defendants counsel,
Colonel j. III. Rion. in another case at Aiken
court before Judge Hudson, who had sus-
tanned the position taken, and had reduced
the verdict rendered by the jury, which
did not recognize this construction and
application Of Lord CampbelPs Act to our
statute.
Judge Kcrshaw's charge was charac-
ferizcd by great clearness and fairness.
After remaining in their room for several
kours, the jury returned n verdict for
$1,000 damages, and were discharged. The
verdict has been accepted by all parties to
the suit, and there will be no appeal.
There was a disposition on the part OF
some OF the jurors to make the verdict for
$4,000, but a compromise was at last effect
ed at the smaller sum as stated.