The evening times., 1900-05-14

NEW YORK. May 14.-From a strictly
legal standpoint the value CT mans life
in New York depends largely upon the
amount of money he is abe 70 make. Con-
sequently a corporation might, through
negligence kill several Iaborers without
being mulcted in as heavy damages as
though it had brought the life OF a fnan-
cier to a sudden close
Comment was created Saturday by the
publication side by side OF two legal opin-
icns involving the financial value of hu-
man lives. The first one was the decision
Of the Appellate Division of the Supreme
Court reversing a verdict of 8 cents rem
dered in a suit brought by Charles B. Nor
ris against the Metropolitan Railway Com
pany to recover damages for the death Of
his son, a youth Of sixteen. The decision
was written by Judge f. w. Hatch.
The Appellate Court held that the boy
had reached an age when his life would
have been substantial pecuniary benefit
to his father, who had a right TO recover
not only for the preSnt. but for pros pee
tive loss, and the jury had consequently
erred in awarding nominal damages.
The other legal proceedings referred to
was an opinion by Judge William S. Gum
mere. of the New Jersey Supreme Court,
in suit brought by the children Of Flo
mena CuVella against two men who had
| killed him in fight. Judge Gummere said:
1t is hard to ascertain what less chill
dren sustain in the premature death OF a
father. In the death Of la5orer the loss
in sorrow may be just as great as in the
death Of millionaire. But the pecuniaTy
loss would be greater in the case Of the
I J Il saaN1 a
IN the death CT a man making Sl-5o day" "
Judge Gummere attracted general public
attention a year ago by holding that the
value Of an infants life might be from 6
cents to 81.
Chief Justice James NJ Fitzsimmons. of
the City Court, discussed the value of a
I human life al considerable length SatuT-
| day. He said:
1t is certainly true and good law that
/ the peCuniary loss TO the family is greater
when a man in good circumstances is kill
/ ed than when a labOrer is killed. The
measure of the loss depends upon the
mans earning capacity in his lifetime"
do you believe that the pecuniary value
! of human life is ever as Low as centsg'
was asked.
1T seems TO me unquestionable that the
value OF a life must always exceed six
/ cents" returned the judge though the
standard is that of earning capacity or
course the amount of compensation may de-
pend upon circumstances in the case and
may for instance. be aggravated by malice
or extreme gross negligence, and a verdict
may be intended not only to compensate for
injury but 20 deter wrongdoing which has
repeatedly occurred. II man lost a tiny
portion Of his finger through negligence,
judge would be justified in setting aside d
siK-cent verdict, regardless Of the effect on
QrrafT eart .rf.rfT he Enf in ra1
of limb or part Of a limb why no: for
the loss OF life? In the death of a minor
the future peouniary possibilities could be
considered.
The element Of suffering would be taken
into consideration by a jury in a suit for
personal injuries. This feature ceases
with death. when only the loss, and not the
suffering. enters into a case.
From a practical standpoint the object
Of bringing up children is not only be
cause they form pleasurable part OF ex-
istence. but because they become the nat
urnal protectors and providers OF the pa
rent in his old age; the father may have
devoted large share of his life to the ben
EFT of his offspring; the child's future use
to him forms an important element"
And the jury must not consider the sen
timental side-the feelings of the parent -
The question is merely one OF pecuniary
damages. Under the old common law there
was no claim for damages after a death
BY statutory enactments practically every
state has permitted such action For many
years in this State the limit set in damage
suits was $500. This limit has since been
removed. and only fairness controls.
'Nerdicts are usually very Euch larger
in accident cases where the injuries are
very serious than where death has resulted
The appearance OF the injured person in
court always has an effect on the Jury.
Verdicts against surface roads on an aver
age are higher in Brooklyn than on this
side of the river. The Brooklyn trolley
roads were responsible for so many acei-
dents that juries regularly gave verdicts
of $4,000 or S15,CoO, while here they are
more conservative.
The productive value Of a man begins
at the age Of sixteen. In considering the
future value OF a youth a jury must not
take the entire earnings Of a lifetime
however. as OF course he may marry or
voluntarily deprive his father Of his sery-
Ices IL is not so with a father or mother
whose earnings naturally go to those de-
pendent upon them
When a baby is killed il would be CON-
petent TO produce expert medical testimony
to show that the probabilities were that
the little one under normal circumstances
would not have lived to an age where ii
could earn money-that ii had some physi-
esi aiiment Even this testimony would
not justify a judge in dismissing a COM
plant.
"All questions arising through negli-
gence. whether death or disability be in
voived (eonceding that negligence be
granted and no contributing negligence
shown, should be submitted to juries.
which are the best judges Of proper dam.
ages A judge should set aside a verdict
only when 1t results from passion. preju-
dice. bias or undue consideration As 4
cents would be no compensation at all. il
would become the duty of judge to set
aside such a verdict where the injuries
had been fairly substantial
The death of an infant by violenc.
might cause great physical as well as men
tai anguish TO parent; the anguish might
cause some dormant disease to become vi
olent. but the only pecuniary damages he
would get would be for his loss The con-
sideration of future earnings is proper. II
seems an absurdity to say that no matter
how young the child, cents or 81 would
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