The record-union., 1897-09-27

damages given by the jury We're ex-
cessive. 1t wassalleged that this was
done because the infant killed was the
child of a poor man. and could not by
reason of its social environment have
been of value to the parents in the
sum allowed by the jury. The comment
was that this was cruel and aristo-
cratic distinction drawn between
rich and poor, to the detri-
ment of the latter, whereas in this land
the child of the poor citizen has as
full opportunity to reach high estate
and positions of honor and distinction
as the child of the rich; that, indeed
the largest number of the successful
men in our midst have risen from the
ranks of the poor.
At the time, the Record Union" hav-
ing no other information than the
garbled sentence wrested from the
context Of the opinion, but having fair
understanding of the law, announced
it's belief that no such opinion had been
delivered; that if it had, it was based
on other facts and reasons; that the
law is, always has been in this country
and must remain, that the measure Of
damages for the death Of a child must
be the value of the services Of the
minor to the parents during its minor
ity, less the cost of maintenance during
the years when it could not serve its
parents, and less other pecuniary obi
cations imposed upon the parents dur
ing minority, regardless of the services
Of the child; that sentimental damages
are not allowable by the law in such
cases; never has been, and in the ma
ture of things cannot be, and that the
court must have decided as the law is
and that it was not reasonable that it
had held otherwise; therefore, the crit
icisms indulged in were unjust and ILL
founded.
1t turns out that the "Record-Union''
was right The court did not decide
as has been charged against it. 1t
held precisely as the law, which it did
not make, compels it to hold More
over, it held as common justice among
men requires. 1t decided as courts al
ways must in such cases, and it did
not hold that the rich mans child is
of greater value than the poor mans.
1t seems that in the case referred to
no special damages were claimed or
proved; there was no showing made
by the plaintiff of a right to exem-
plary damages; the jury was charged
that it could not under the laws of its
country award damages for sorrow and
wrenched affection, but must conf1ne
the measure Of damages to the prob
able value Of the child's service to
! its parents during the time of its possi-
BILE. contribution, the cost of its main
tenance and support in its helpless
years being taken into account. The
child was a bright, healthy boy of four
and half years.
On this showing and charge, and
without proof before it to support its
findings, the jury rendered a verdict
for 5000, and this it is held was ex-
cessive, as under no possible rule or
method of computation permissible
could such a result have been reached.
The court did say that it is reasonable,
| in Judging of the probable value of the
services of the child to it's parents dur
ing it's minority, after the time when
it might be able to contribute, ito con-
slider the circumstances surrounding
the father and his calling, since chill
dren frequently pursue the same gem
eral class of business as their parents. -
| 1t was this expression that was made
the hinge for all the recent bitter as
saults upon the court, and which COM
ments have led certain socialistic and
anarchistic gatherings here and abroad
to roar loudly and shout as of old,
''stab the law
Here, then, is a signal instance of
hasty, sloppy and dangerous editing;
| Of rash rush to conclusions; of judg-
ment of the law without knowledge
! of it or inquiry into it, and without
! knowledge of the facts with which the
law has to deal. The story carries its
! own lesson. 1t remains to be seen how
far a realization of the obligation to
! be Just will serve to induce such Of our
| contemporaries as improperly criti-
cised to frankly acknowledge their err
ror and do the appellate court the
! Justice for which the press so very
properly stands the announced cham
pion. It is due to our evening contem-
porary, the Bee to say that it is thu
first to correct it's criticism in this case
and to do so fully
THE End OF FAKE