39 N.Y.S. 613 | N.Y. App. Div. | 1896
Lead Opinion
The verdict of the jury settled the question of the right of plaintiff to recover, and we find no error in the record in this respect which calls- for our interference. The amount of the verdict presents the only question upon which we have any difference of opinion. The injury which furnishes the basis of the action produced the death of plaintiff’s intestate. Prior to the adoption of the Constitution of 1894, the recovery in this action would have been limited in amount to the sum of $5,000, as that was the limitation of recovery in this class of actions then prescribed by law. (Code Civ. Proc. [1894] § 1904.)
The Constitution now in force, by section 18, article. 1, provides: “ The right of action now existing to recover damages for injuries resulting in death shall never be abrogated; and the amount
It thus clearly appears that not only does the language of the Constitution signify no change in this respect, but the language of its framers, in specific terms, shows that no change was contemplated, and that the rule so firmly settled, as to be known to all, should continue with the limitation removed, as we shall see, to meet the wants of a proper case. Practically the opponents to the change rested
It is evident from this debate and the arguments used that this amendment was adopted for the benefit of the next of kin of the bread winner, persons who, in fact, sustained large pecuniary dam- ■ age on account of the negligent act which removed the person and deprived dependents upon him of their substance, and which was not measured or recompensed by the sum awarded under the.limitation.
We feel warranted, therefore, in saying that no change whatever was made, or intended to be made, in the law respecting the supervision of courts over the verdicts of juries in this class of cases. On the contrary, we are impressed with the fact that it is now more essential than ever that verdicts awarding damages should be scrutinized with care, and corrected without hesitancy, where they do not rest upon substantial testimony for their support. We still further fortify ourselves in this view by a consideration of the decisions of courts in other States, where a limitation upon the extent of recovery in these cases has never existed. (Chicago & N. W. Ry. Co. v. Bayfield, 37 Mich. 205; Rose v. Des Moines V. R. Co., 39 Iowa, 246 ; Little Rock Ry. Co. v. Barker, 39 Ark. 491; Penn. R. R. Co. v. Zebe, 33 Penn. St. 318.) In England the rule is the same. (Franklin v. South Eastern R. Co., 3 H. & N. 211.) And in Canada. (Hutton v. Windsor, 34 U. C. Q. B. 487.)
These cases all proceed upon the theory that the test is the pecuniary loss, and where that appears to be excessive it is the province of the court to interfere. It seems clear, therefore, that no change of the law was contemplated by the change in the constitutional provision, and courts are now, as before, called upon to exer
The only salutary way of now administering this statute, more . of a necessity now than ever before, and especially where the basis of pecuniary loss is involved, obscure- and difficult of reconciliation with the verdict rendered, is not found in abdication of its functions by the court; it must furnish the reason for revision, and it must ■ apply the remedy where the verdict has not substantial basis of support or is excessive in amount. (Lockwood v. N. Y., L. E. & W. R. R. Co., 98 N. Y. 523-527.)
And it should be equally the court’s duty to ratify the verdict of a jury where the proof warrants it, without regard to its amount. Such we conceive to have been the design and intent of the framers of the Constitution, and in that spirit the law should be administered.
Applying these views to the verdict in this case and the evidence • upon which it is based, we think that it is excessive. Deceased was sixty-three years old, in good health; she did the general housework for the family. This consisted of plaintiff, who is sixty-five years old,' and five grown up. sons, three of whom lived at home. Deceased was in receipt of no income; her children had reached the estate of manhood, which lessened in a marked degree the necessity of maternal care. Her probable duration of life, according to the tables, would be about eight years. What was the pecuniary loss to the next of kin ? The value of the work which she did could hot have exceeded annually, upon any basis furnished by the record, $520, and this, we think, a liberal estimate. The value of those services could not increase, as her powers would naturally •diminish. In McIntyre v. N. Y. C. R. R. Co. (37 N. Y. 287) there was a recovery of $3^500; the woman was under fifty years •of age, earning a dollar a day. The Supreme Court reduced the recovery to $1,500. If that measure should be applied here, this
We are quite conscious that the conclusion ■ at which we have arrived is not an exact logical deduction. The ingenuity of the human mind has not yet been able to compass and formulate a rule by which an exact measurement of damages may be reached in these cases. But we áre satisfied that the sum awarded by the jury in this case is far beyond the actual damage sustained, and while we may not be able to justify the sum to which the recovery .is reduced by the appilication of rules of logic, yet we feel quite confident in saying that we have approached far nearer to the justice of the case than the verdict accomplished.
The order should, therefore, be that the judgment and order appealed from be reversed and a new trial ordered, with costs to abide the- event, unless plaintiff consents to reduce the recovery to the sum of $5,000, together with a proportionate amount of the extra allowance, and -if he so consents then the judgment will be affirmed, without costs to either party in this court.
All concurred, except Brown, P. J., and Bartlett, JT., who dissented solely as to the reduction.
Dissenting Opinion
In dissenting from Judge Hatch’s conclusions we do not desire to be understood as disagreeing with his argument upon the main question. We agree with him that in removing the limit heretofore imposed upon verdicts in actions for causing death, it was not intended to change the power of the- court to supervise and reduce such verdicts. Cases of this character are to be treated precisely as an action for injuries to a living person would be treated. Our power is a supervisory one, and we must give due effect to the judgment of the jurors.
The case is not to be treated on appeal as it would if we were called upon to fix the damages in the first instance. To justify
The verdict in this case is upon the border line. It probably is larger in amount than, the judges of this court would have awarded, but it is not beyond the fair inference to be drawn from the cir- • cumstances surrounding the deceased and her relations to her next ■of kin, and it does not indicate prejudice on the part of the jurors..
For these reasons we think the judgment should be affirmed.
Judgment and order reversed and new trial granted, costs to abide the event, unless plaintiff stipulates within twenty days to reduce the verdict to $5,000, with a proportionate part of extra allowance. If such stipulation is filed the judgment so reduced is unanimously affirmed, without costs. .