Evening journal., 1907-01-21
SIX CENTS FOR
DEATH OF CHILD
Amazing Example Of the Dis
tinCtiOnS Made By New
York Law
CHILD'S FATHER IS DEAD

NEW YORK. Jan. 2l-six cents for
the life Of a child.
This is the story OF the inexorable
law. The Supreme Court has jus.
handed down a decision in which
widowed woman. very poor. is made
the victim Of combination Of the
most extraordinary circumstances
which perhaps court history can dis
close
It is the FAULT Of the law and not Of
the courts. But because OF the law
and tho facts involved Mrs. Norah
Farrell was deprived OF a substantial
verdict for the loss Of her four-y year-ol
boy, and Is near starvation In her
home. at No. 404 West Thirty eighth
street compelled TO toll hard to sup
port her two remaining little ones
And these are the facts:
Had Mrs. Farren's husband died be-
fore her little boy Bernard was killed
by being nun over by brewery wagon
The jury would have been authorized
exceeding the $4,000 for which she
asked
Delay in the Court.
And, had the Supreme Court calendar
not been 10000 cases behind, the Far
rcll case would have been reached dur
ing the lifetime Of the child's father
and the same results accomplished
II was Mrs Farrelrs in-lucl1 to henr
supreme Court Justice Dugro admonisn
tho jury that a verdict for more than
six cents would not be permissible in
law. The Justice, who had been
iurlst for twenty years. admits tina,
the predicament Of Mrs Farrell is un
precedented IN the history Of the
counts of New York county.
The Farrell boy was killed on Sep
tember S, 1903. by a wagon belonging
to M. Grohs Sons. IN front Of his home
then family then living in more pre-
tcntious apartments on West Thirty
ninth street The child's father in
stituted suit for damages
Mr.. Farrell died during the holidays,
end the case was prosecuted by the
widow as administrators. Five wit
nesses swore that the brewery driver
was guilty Of negligence, and after Tho
Justice had denied the defendant
motion to dismiss the complaint. the
case went to the jury. The defendant
corporation interposed no defence. The
plaintiff had established a clear case.
No Compensation for Grief.
The Justice charged the jury to limit
its verdict, II one was forcoming. 10
six cents. stating that the mothet
could only recover for 'ipecuniary in-
juries."
The Justice referred to section 1904
Of the Code OF Civil Procedure, which
reads as follows:
''The damages awarded 20 the plain
tiff may he such a sum as the jury
upon a writ OF inquiry. or upon a trial
or where issues OF fact are tried with
out a jury. the court or referee deems
to be fair and just compensation for
the pecuniary injuries resulting from
the deoedents death to the person oi
persons FOR whose benefit the action Is
brought"
The New York Act and some Others
which have been modelled upon Il re-
quire the damages to be assessed with
reference to the "pecuniary" injuries
The Justice stated that the standard
textbooks on the subject did not per
NIT the awarding Of compensation 10 a
mother for the sorrow ana grief oc-
casioned by the death OF her child
Tiffany's textbook says:
'"rhe jury are confined TO The
pecuniary loss and nothing can be al-
lowed by way of solatium for the griof
and wounded feelings OF the benehci
aries or to compensate them for the
loss OF society or OF companionship
which they have suffered"
But II the case had been tried in the
lifetime OF the child's father the jury
could have speculated as to the prob
able length Of life Of the father and
compensate him for the child's deauh.
A child is looked upon as an expense
to a parent instead OF a source Of in
come until the child becomes old
enough to work. and from that time
until he becomes q the father Is en-
titled 20 the child's earnings The
mother OF the child has no claim in
law during the life Of the child's father.
and she was compelled 10 prosecute the
case as the administratrix OF her hus-
band rather than as the mother OF the
child.
Mrs. Farrell said: II thought
would get a little money to keep my
self and two children out OF poverty.
I cannot understand such laws as
these. I cannot understand why there
is no appeal or redress for me-"