83 Fla. 366 | Fla. | 1922
In an action brought under Sections 4960 and 4961, Revised General Statutes,' 1920, the defendant in error recovered a judgment for $18,000.00 damages for the wrongful death of her husband, and the defendant took writ of error. ■ ' •
"Where the widow sues for damages for the death of her "husband by the wrongful act of another, in estimating her pecuniary loss the jury may properly take into consideration her loss of the comfort, protection and society of the husband in the light of all the evidence in the case relating to the character, habits and conduct of the husband as husband, and to the marital relations between the parties at the time of and prior to his death; and they may also consider his services in assisting her in the care of the family, if any; but the widow is not entitled to recover for her mental anxiety or distress over the death of her husband, nor for his mental or physical suffering from the injury. She is also entitled to recover reasonable compen
The determination of the amount of damages is by no means left to the uncontrolled discretion of the jury. Their estimate must be based on facts in evidence, and confined to those damages which are pecuniary in their nature, and result from the death of the deceased. Duval v. Hunt, 34 Fla. 85, 15 South. Rep. 876.
In this ease the evidence from which recoverable damages may be properly estimated is so fragmentary and lacking in essential particulars that are material to a rea
It is so ordered.