Morgan v. Southern Pac. Co.

Citations

• 95 Cal. 510
• 17 L.R.A. 71
• 30 P. 603
• 1892 Cal. LEXIS 858

Syllabus

<p>Negligence — Excessive Damages — New Trial. — Where the amount of damages given in an action for damages for negligence are obviously so disproportionate to the injury proved as to justify the conclusion that the verdict is not the result of the cool and dispassionate discretion of the jury, the verdict will be set aside as excessive.</p> <p>Id. — Action for Death — Measure of Damages — Pecuniary Loss — Sorrow and Mental Anguish — Loss of Society. —In an action to recover damages for the death of a relative, caused by negligence, the plaintiff does not represent the right of action which the deceased would have had if the latter had survived the injury, but can recover only for the pecuniary loss suffered by the plaintiff on account of the death of the relative. Sorrow and mental anguish caused by the death are not elements of damage in such a case, and nothing can be recovered as a solatium for wounded feelings; and the loss of society can only be considered for the purpose of estimating the pecuniary loss.</p> <p>Id.—Death of Minor Child — Action by Mother — Excessive Damages — Pleading •— Proof. — A verdict for twenty thousand dollars for the death of an infant child, given in an action by the mother to recover damages for its death, alleged to have been caused by the negligence of the defendant, will be set aside as excessive, especially where there was no averment in the complaint of any special damage, and there was no evidence whatever introduced or offered upon the subject of damage.</p> <p>Id. — Value of Services — Pecuniary Injury to Parent. — In an action by a parent to recover damages for the death of a minor child, caused by the negligence of the defendant, the main element of damage is the probable value of the services of the deceased until its majority, considering the cost of its support and maintenance during the early and helpless part of its life; and a charge to the jury that they were not limited by the actual pecuniary injury sustained by t