Da Silva v. J. M. Martinac Shipbuilding Corp.

MUSSELL, J.

This action is brought by Maria da Silva, administratrix of the estate of her deceased son, Manuel, for the benefit of his heirs and to recover damages for his wrongful death. Plaintiff appeals from the verdict of a jury in her favor in the sum of $4,000, claiming that the trial court committed prejudicial error in admitting into evidence tax returns of the decedent’s parents; that the judgment is wholly inadequate as a matter of law and the verdict is not supported by the evidence; that the verdict of the jury was arrived at by resort to the determination of chance and should therefore be set aside.

There is no dispute as to the facts. Manuel da Silva at the time of his death on January 25, 1955, was 19 years of age and had he lived, he would have reached his 21st birthday one year and 17 months from said date. He was a member of the crew and employed as a fisherman on the Royal Pacific, a tuna fishing vessel, when it left on a fishing voyage in October, 1954. On January 25, 1955, while the vessel was off the coast of Mexico, Manuel was engaged in sanding a speed boat which was on said vessel and was using, in the performance of his work, an electric one-quarter inch drill with a sander attached. This equipment was furnished by the owners and operators of the vessel. While Manuel was sanding the speed boat, a short occurred in the drill, causing an electric current to pass through his body, resulting in his death by electrocution.

The record shows that the tax returns of the parents

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of the decedent for the years 1949, 1950, 1954 were admitted in evidence, over objection by counsel for plaintiff. However, the tax return of the parents for the year 1955 was admitted in evidence, without objection by plaintiff’s counsel, and he so stated to the court. This return showed an adjusted gross return of $12,326.55 for the year. The return of 1949 showed an income of $13,128.71, the 1950 return an income of $14,766.93, and the 1954 return an income of $12,029.11. The court stated that these returns were admitted as tending to show the income of the parents on “that date.” The returns for 1949, 1950, 1954 and 1955 showed that the income of decedent’s parents was substantially the same during each of those years and we find no prejudicial error in the criticized ruling of the court since evidence was received without objection as to what property the parents of the decedent owned, whether or not it was encumbered, and as to the income of decedent’s father from his fishing operations.