Lange v. Schoettler

Citations

• 115 Cal. 388
• 47 P. 139
• 1896 Cal. LEXIS 1022

Syllabus

<p>Action fob Death—Exemplary Damages—Erroneous Instructions.— In an. action for the death of plaintiff’s son, the grievance to be redressed is that of plaintiff as a relative of the deceased, and not that of the deceased; and it is error in such action to instruct the jury that they may allow exemplary damages, if the act causing death was wanton, cruel, and malicious.</p> <p>Id.—Measure of Damages—Probable Value of Life to Relatives.— In an action for death only such damages can be recovered as the statute authorizes, and, in the absence of a different rule, the only damage allowed is the probable pecuniary value of the life of the deceased to the relatives in whose behalf the action is brought.</p> <p>Id.—Evidence—Suffering of Deceased—Declarations—Question for Jury.—The statements made by the deceased in regard to his sufferings are admissible to indicate his bodily condition, and the extent of his injury; and the question whether they were feigned or not must be left to the jury.</p> <p>Id.— Cross-examination—Hostility of Witness — Threat to Kill.—A witness for plaintiff may be asked on cross-examination if he has not threatened to kill the defendant, for the purpose of showing the degree of his hostility, and error, in refusing to allow such question, is not cured by proof elsewhere that the witness was unfriendly.</p> <p>Id.—Intent of Deceased to Sue Defendant.—It is error to allow the plaintiff, in an action for death, to prove that the deceased intended to sue the defendant for the injury.</p> <p>Id.—Authority of Attornev eor Plaintiff — Presumption—Mode of Assailing Authority.—The presumption is that the bringing of an action for death by an attorney representing the plaintiff was author, ized; and, if not authorized, the authority can only be assailed upon an application for a dismissal, and no issue can be made upon that point before a jury.</p>