Lasater v. Oakland Scavenger Co.

DOOLING, J. pro tem.

In this action for the wrongful death of a wife and mother the jury returned a verdict for plaintiff administrator in the sum of $14,000. The trial court denied a motion for new trial and defendants have appealed from the judgment.

It is not claimed on this appeal that the evidence is insufficient to support the jury’s finding of liability. The only grounds of appeal presented by appellants are that the amount of the judgment is excessive and that the court committed prejudicial error in refusing to give certain instructions proposed by appellants.

The decedent was 63 years old with an average life expectancy of 12.26 years. She was in good health. Her husband was 60 years of age with a somewhat greater life expectancy. The decedent left seven adult children. One of these is a feeble-minded woman in a state-supported institution. All of the others except the youngest son are married and living in their own homes. The youngest son at the time of his mother’s death was serving in our armed forces but until his induction he had lived at home with his mother and father. One daughter is the mother of three young children. This daughter and the decedent visited each other frequently and the decedent helped her daughter in the care of the children. The decedent and her husband had been married for 27 years; she was a good wife and a good, loving mother. At the time of her death she and her husband were living alone and she did all of the housework.

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In measuring the damages suffered by the husband and adult children through the death of their wife and mother the jury was entitled to consider the loss of society and comfort suffered by all of them and the loss of services and care suffered by the husband in being deprived of his helpmate who. did all of the housework and presumably ministered to his wants as a good wife is accustomed to do. There is no fixed and absolute yardstick by which a court on appeal can measure the value of these elements of damage, it being sufficient if the amount awarded appears to bear a reasonable relation to the elements of loss entitled to be considered by the jury, and the fixing of the amount is committed first to the sound discretion of the jury and second to the like discretion of the trial judge in passing on a motion for new trial. (8 CaLJur. 1023, 1024.)

Appellants cite a number of death eases in which the amounts awarded were held on appeal to be excessive. In appraising the earlier decisions on the subject we are entitled to consider the fact, adverted to by the Supreme Court in