Cook v. Clay St. Hill R.R.

Citations

• 60 Cal. 604
• 1882 Cal. LEXIS 515

Syllabus

<p>Action fob Death Caused by Negligence—Sufficiency of Evidence— Vebdict.—In an action by the widow and administratrix of a deceased person for damages for the death of the intestate alleged to have been caused by the negligence of the defendant, the jury rendered a verdict for the plaintiff.</p> <p>Held: The question of evidence was submitted to the jury under instructions as favorable to the defendant as it could ask, and under instructions it did ask for, and as there was evidence from which negligence might be inferred the verdict should not be disturbed.</p> <p>Id.—Admissibility of Evidence.—1. The plaintiff was allowed to testify that it was the usnal custom of deceased, during his married life, to be at home after business hours, and that they had lived a happy married life; that for eight years prior to Ms death she had been an invalid and unable to leave the house, and that during that time he had been very kind and attentive, and that she was dependent upon him. 2. The daughter of deceased was allowed to testify that he was kind as a father; that the social and domestic relations as to the family on his part were happy, and that he was kind and loving to plaintiff. 3. The plaintiff was permitted to testify that after Mr. Cook had been taken to his home she discovered pieces of flesh.</p> <p>Held: The first and second points above stated are fully covered by §377 C. C. P. “Such damages may be given as under all the circumstances of the case may be just”—and by the decision of this Court in Beeson v. Green Mountain G. &8. Go., 57 Oal. 20. As to the third point there is nothing in the case to show that any damages were asked or given for suffering borne by the deceased; the action was for negligently causing his death; and the evidence given was of circumstances attendant upon the injury.</p> <p>Id.—Damages.—The damages found (eight thousand dollars) were not excessive.</p>