Marianna & Blountstown Railroad v. May

Citations

• 83 Fla. 524
• 91 So. 553

Syllabus

<p>1. The common law afforded no right of action to any one for ■ damages resulting from the death of a person caused by the wrongful act or default of another.</p> <p>2. The statute makes a corporation liable for the death of a person caused by the wrongful act, negligence, carelessness or default of its agents, and provides that if there be no widow or husband or minor child or persons dependent on the decedent for support “then the action may be maintained by the executor or administrator of the person killed * * * and in every such action the jury shall give such damages as the party entitled to sue may have sustained by reason of the death of the party killed.”</p> <p>3. When an administrator has a right of action under the statute imposing a liability for the wrongful death of a person he may recover the value at the decedent’s death of the prospective earnings and savings that from the evidence ' 'could' reasonably have been expected' but for the death of the decedent.</p> <p>4. In an action brought under the statute by an administrator to recover damages for the wrongful death of 'his decedent, where liability of the defendant is shown, the jury have no discretion in assessing the damages sustained, but among other elements the jury may consider evidence as to the age, probable duration of life, habits of industry, means, business, earnings, health and skill of the deceased, and his reasonable future expectations. If the evidence shows the decedent’s health, habits or other conditions of life to be such that he had no reasonable future expectations of an estate, the recovery would of course be merely nominal.</p> <p>5. In an action for the wrongful death of a person brought by his administrator to recover damages for the loss of a prospective accumulated estate, the amount of the recovery is not the value of the decedent’s life to any one or to the public, but the recovery is limited to the present value of an estate which the proofs show the decedent may re