Arizona republican., 1921-06-08
JURY MUST FOLLOW
 INSTRUCTIONS SAYS THE SUPREME COURT

In an opinion by Justice M'Allister yesterday the case of the Pacific Gas and Electric company. appellant. against Angel Almanac and Dolores Almanac, appellees. this county. was reversed, because it was found that the jury in arriving ar verdict had ignored an instruction of the court Whether the instruction was right or wrong. the opinion held. it would be dangerous to allow jury so to con- stitute itself the judge of both the law and the facts.
 The appellees were the parents o@ a 19-year-old son, Jesus Almanac, who was employed by the appellant. This youth was killed fin an accident which arose out of his employment
 The appellant relied at the trial on a release which had been secured from the appellants in consideration of the payment by the appellee of $500. of which $500 was to the appel lees and the rest for hospital service and physicians fees. The appellees admitted the signing of the release. but they declared that their sigma lures had been secured by duress and misrepresentation while>the body of their son was yet unburied and while they were distracted by grief
 They said that they had been told by agents of the company who had come to their horne that unless set clement was made then, the offer would be withdrawn: that. in that event, they would get nothing be- cause their son had been killed through his own fault
 It was the contention of the com pany at the trial that the amount of damages that should be allowed the ~y<.s F.. ttx remaining years of the young mans minority at the time of his death.
 He was earning only $3 a day, with
 only 500 days to work before he should attain the age of 21- Already
 $500 had been paid. leaving to the young man $1000 for his mainte- nance for two years. The court took this view in instructing the jury. Concerning this Instruction. the opinion says: AS applied to the facts of the case this instruction does not prescribe the proper measure of dam age. It is true that a child's earn ings are his own after he becomes 21 years of age, and, in sense. any service he may then render his par ents is voluntary. yet that feeling oi gratitude and affection Tn every duti- l full child which always leads him to | nized by the provisions of the em- l ployers' liability law which makes l the employer liable m damages te I the parents of a son tor daughterl l who loses his life in the employment under circumstances giving rise to z case of action, when neither widow I nor children survive, and the fac l that he is over 21 years of age vii not in itself defeat secn an action I The opinion further reviewed the tes- l timony concerning the character O l the boy. his health, habits and in l dustry. all of which promised his par ents assistance
 But the instruction of the lowe | court. though erroneous. the opinion l found, was the law of the case unti
 it was reversed. and the jury shoul' l have followed it. The court couls
 not by affirming the judgment of tn
 lower court permit such a departure
 establishing a dangerous precedent Nor was the court willing to modif.
 the Judgment by compelling the ap
 pellants to remit a part of it, foi
 says the opinion, apply the prope
 rule and the judgment is not exces sive.. Accordingly, the judgmen was reversed that the appellants ma have a jury guided by the prope measure of damage
 In an opinion by Chief Justice Ros inc judgment of the lower court wa affirmed in the case of the Nerd Combination Copper company. appel lant against Eino Reito. appelle' Yayapai county. This action wa brought under the employers liabilit law and the appellee. was awarde a judgment for S6.000-