55 Ark. 384 | Ark. | 1892
This isa continuation of the case reported under the same style in 51 Ark., 509. The second trial resulted in a judgment for $2391.50, which was recovered by the appellee for the benefit of the father of the deceased as his next of kin. The appellant’s only contention is that the judgment is excessive.
As the father was poor and dependent, the probability was great that he would require the assistance of his son. In connection therefore with testimony that the son was already in the habit of aiding him, the jury were justified in drawing the conclusion that he would continue to do so. 2 Sedg., Dam., sec. 580; Cooley on Torts, 272.
The amount awarded by them is not beyond reason, upon the evidence adduced; the verdict is not therefore to be disturbed.
The amount of the aid which the son was in the habit of -extending to his father was a material fact to guide the jüry • in the recovery in the latter’s behalf. The fact, it would : seem, was peculiarly within the father’s knowledge. His •.failure to testify was therefore a circumstance which the jury ¡.might have looked upon with suspicion. Felton v. Leigh, 48 Ark., 498; Miller v. Jones, 32 id., 337. Biit it was only a ■circumstance. There is no rule of law which bound them to look to it to the exclusion of, or as negativing, the positive testimony of McCants. They found the truth, as their verdict asserts, in McCants’ statement; and if his statement is true, the father has concealed nothing. We cannot gain.say the jury’s province to reason in that way. The verdict is sustained by the evidence.
The judgment must be affirmed.