131 Iowa 20 | Iowa | 1906
At the time of the accident in question Louis H. Hammer was employed in and about a boiler shop owned and operated by the appellant. This shop was supplied with an overhead traveling crane, so called, an apparatus weighing about one thousand two hundred pounds and mounted on four wheels, moving upon a track or rails suspended from the upper timber or frame work of the building. On May 18, 1904, the crane, while carrying a load of about one thousand six hundred pounds, fell to the floor
IY. Upon the measure of plaintiff’s recovery the court instructed the jury as follows :
It is said by appellant that the- true measure is the fair and reasonable compensation for the loss sustained by the estate of the decedent on account of his premature death, and that, while the foregoing instruction properly states the principle in the concluding sentence, it is in conflict with the previous statement, and therefore confusing and misleading. We do not find the instruction open to the objection here made. The paragraph, read as a whole, clearly and fairly states the rule, so far as it is possible for the measure of such damages to be formulated into rule. It is theoretically and intrinsically correct to say that the injury which the estate of the deceased has suffered by reason of his death is the sum or value of the property which he would thereafter have accumulated, but for the negligence by which his life has been prematurely ended. As the future is a sealed book, it is, of course, impossible to show by any certain proof the amount of the damage so sustained, and it is of necessity left for the jury to estimate, taking into consideration the age of the decedent, his expectancy of life, his health, occupation, habits, experience, earning capacity, and' all other proved circumstances bearing upon his business prospects, so far as they depended upon his personal ability, capacity, efforts, and management. In short, the measure of the recovery is -the reasonable present value of his life to his estate, and this, we think, is the fairly expressed rule of the instruction given by the trial court. Donaldson v. Railroad, 18 Iowa, 290; Walters v. Railroad, 36 Iowa, 460; Van Gent v. Railroad, 80 Iowa, 528; Simonson v. Railroad, 49 Iowa, 92; Wheelan v. Railroad, 85 Iowa, 177; Hively v. Webster Co., 117 Iowa, 672; Haas v. Rail
Some other questions have been suggested in argument, but, so far as they fairly arise upon the record, they are governed by the conclusions we have already announced.
We find no substantial error, and the judgment of the district court is affirmed.