181 A. 511 | Pa. | 1935
David Martin Walker, a child aged six years, seven months and nine days, was on April 19, 1934, struck and instantly killed by an automobile operated by appellant. The boy's parents sued for damages resulting from the death and recovered a verdict in the amount of $5,317.50. The case is before us solely on the question of whether or not the verdict was excessive.
In considering the amount of verdicts in negligence cases our general rule is that we will not disturb a jury's award unless the figure is "so grossly excessive as to shock our sense of justice": Linhoss v. Hodgson,
The deceased child was a healthy active boy who, although only in the first grade at school, had already given indications of being unusually bright and intelligent. The testimony shows that he had been of assistance to his parents in doing light chores about the small farm where they lived. The boy's father conducted a garage in the near-by town of Edinboro, in addition to *471 raising vegetables and produce on the farm for his own use. There was no other testimony from which the jury could have fixed the probable earning capacity of the boy during his minority or the actual pecuniary loss to the parents, except the evidence as to funeral expenses, which amounted to $317.50. The jury's verdict was therefore highly speculative, and although it is apparent that damages were proper, we are of opinion the figure taken by the jury was clearly too high. In the circumstances we believe that an award of $3,500, which amount includes funeral and other expenses would have been entirely adequate and just, and the verdict is accordingly reduced to that figure.
The judgment of the court below is reduced to the sum of $3,500, and as so modified is affirmed, costs to be paid by appellant.
