103 A. 1029 | R.I. | 1918
This is an action of trespass on the case for negligence to recover damages for the death of one Luigi Dimitri, alleged to have been caused by the wrongful neglect of defendants and their servants.
The plaintiffs allege that they are respectively the father and the mother and are all of the next of kin of said Luigi Dimitri deceased; that they are suing by force of the statute as the next of kin of said Luigi for the benefit of all of his next of kin; that no executor or administrator has been appointed to administer his estate; and that said Luigi at the time of his injury and death was twenty years, ten months and nineteen days old. The case is before us solely *394 with reference to the proper measure of damages applicable thereto. The specific point is set forth in a question of law certified by the Superior Court to this court for determination. The question is as follows: "In a case of the character of the one herein are the damages to be measured by ascertaining the gross amount of the prospective income or earnings of the said Luigi Dimitri, the plaintiffs' intestate, based upon his expectancy of life after deducting therefrom what said deceased would have to lay out as a producer to render services or to acquire the money or income that he might be expected to produce, computing such expenses according to his situation in life, his means and personal habits and then reducing the net result so obtained to its present value?"
The defendants contend that as the deceased was a minor the damages recoverable are limited to the pecuniary loss which the father of said Luigi sustained by reason of being deprived of his child's services during the child's minority; and they rely upon the authority of Schnable v. Providence Public Market,
The contention of the plaintiffs is that the rule for measuring damages in all cases brought under the statute to recover for the death of a person caused by the wrongful act, neglect or default of another, whether the deceased be a minor or an adult, is that laid down in McCabe v. Narragansett ElectricLighting Co.,
If the rule in the McCabe case is one of general application, appropriate in an action involving the death of a minor as well as in one to recover for the death of an adult, then the rule of the Schnable case and that of the McCabe case are clearly in conflict. Both actions were brought under the same statute, which statute is the foundation of the case at bar.
Prior to 1846 no action could be maintained at common law to recover for a death caused by the wrongful act of another. Then Parliament enacted the English statute 9 and 10 Victoria, Chapter 93, known as Lord Campbell's Act. This was "An Act for compensating the families of persons killed by accidents." As was pointed out in Lubrano v. Atlantic Mills,
The answer which should be given to the question before us depends upon the view we take as to the purpose of our statute. Is it intended to provide recovery in order to compensate the beneficiaries for the loss which they have suffered or is it an action in behalf of the decedent's estate? If the former, then the decision in the Schnable case is based upon a sound principle although perhaps not entirely in accord with the weight of authority in some particulars. Said decision appears to have been rendered after a consideration of a number of cases from other jurisdictions; which cases are cited in the opinion and are considered by the court as having been brought "under statutes similar to ours." It appears from an examination that such statutes are generally of the class which follows Lord Campbell's Act and provides for the recovery of compensation for the pecuniary loss which results from the decedent's death to the person or persons for whose benefit the action is brought.
In McCabe v. Narragansett Electric Lighting Co.,
After a full consideration of the matter we have reached the opinion that the rule of Schnable v. Providence Public Market
is erroneous; and that in so far as said case deals with the measurement of damages it should be overruled. Sweet v.Providence Springfield R.R. Co.,
In the consideration of cases brought under statutes similar to ours, the courts in a number of jurisdictions have reached conclusions in accord with that which we have here expressed.Nelson v. Branford Lighting and Water Co.,
As the deceased was a minor, the amount of his earnings during minority should not be considered in ascertaining the gross amount of his prospective income or earnings; unless it appears that during minority he had been emancipated, in which latter case the amount of his earnings up to the time of his emancipation should not be considered in the computation. For if he had lived, and had not been emancipated, such income or earnings would have belonged to his father until the minor reached the age of twenty-one years; hence the loss of earnings until that time forms no part of the damage to his estate, caused by his death.
With the proviso contained in the above suggestion we answer the question certified in the affirmative.
The papers in the case with this decision certified thereon are sent back to the Superior Court for further proceedings.