The morning call., 1894-04-11
VALUE OF A LIFE.
Judge Morrow's Estimate
in Two Cases.
The Steamship Companies Must Pay
Damages for Those Who Perished
in the City of Chester.

Judge Morrow Of the United States District
Court decided yesterday that the owners Of the
steamers Oceanic and Chester must pay for the
lives that we're lost in the collision six years
ago and gave his valuation OF TWO OF those lives.
The Oceanic and City of Chester cOlided in
the entrance OF the bay on the morning OF
August %. 1885. The Chester was sunk aud
became Otal loss, and several passengers on
board of her lost their lives. Among these
were Henry Smith ana his daughter Myrta.
Two actons were Drought against the Occi-
dental and Oriental Steamship Company and
the Pacific Coast steamship Company, owners
of The Oceanic and Chester, one on half of
th heirs Of Henry Smith for the sum OF
S75,270 and the'Other by Eliza A. smith 10 re-
cover $4,000 damages for The death OF her
daughter Myita. The Oceanic had just
turned from trip 10 China. The Chester was
used IN the cOastIng trade by the Pacific Coast
Steamship Company and was just proceeding
on ole OF her regular trips The collision
occurred between Point LObOs and Lime Point.
The owners OF The Oceanic asserted thai they
did all in heir power 10 avert the disaster but
the attorneys Tor the Smith heirs claimed that
both vessels were at fault and the court sus
tanned them.
Both vessels elected to violate certain rules
of navigation. but Judge Morrow reached The
conclusion that the Oceanic was al fault In her
movements, and, failing TO use ordinary care in
attempting TO pass the Chester, was mutually
responsible with the Chester for the damages
resulting from Tie collision.
The court then decides the amount OF dam
ag :, taking into consideration what is in
VOWED in determining the value of life.
The deceased, Henry Smith," he said, twas
80 years OF age anu In hrSt-class health. He
had been married for some five years aud
half aud was the father of three children, one
OF whom, MyTIa Smith, also lost her life in the
disaster. He had been engaged in he dairy
business and owned some property, 160 acres
of land. about fOrty-five COWS, Ten or Twelve
head OF horses amt mules. He supported him
self aud family, including his father and sister
in-law. The family expenses were from SIS 10
500 per month, aud he made from $50 TO S75
over that sum month.
"Hs yearly earnings at that rate would
amount 10 from $1,000 10 S2100. He had $500
on his person when drownrd. which was miss
ing when his body was found. Testimony was
introduced TO show hat to purchase an annuity
OF $1,000 on male person 81 years OF age and
III good health would require S24, ,8S2 in cash.
"There are, however, considerations involved
in determining The value Of a life not embraced
within the rules of the annuity abl 5. In four
teen states these considerations have found eX-
preston In statutes. limiting the amount that
NAV be recovered Tor the death or person to
$4,000. There is no limitation ln this State.
The code provides that such damages may be
given as under all the circumstances OF the case
may be Just.
'The statutes of those States which fix a
limit have been noticed by The courts 10 other
States, and have had weight in fixing the
amount OF damages In view OF all the crcum-
stances OF this case will assess the damages
caused by tile death of Henry Smith at $4,000.
"Myrta Smith was over 4 and a half years
OF age aud ID good health. The Supreme Court
OF this state held that 10 an action by a parent
70 recover damages foi the death OF minor
chlld caused by negligence the main element of
damage Is the probable value OF the services of
the deceased during minority.
@''1heTe is no rule that will enable the court
to estimate with any degree of accuracy the
probable value of the services of child. But
as me statute gives the righ. Of action for the
DenenI OF The parent, without regard to cIrcum-
stances, must determine that there is some
injury winch L fix in the sum of $1,000"