Myers v. City of San Francisco

Citations

• 42 Cal. 215

Syllabus

<p>Exemplary Damages for the Death of ah Ihfaht.—Under the Act of April 26th, 1862, a jury may award exemplary damages for the death of an infant by the wrongful negligence of another.</p> <p>Idem—Ihterferehce by Court.—The discretion of the jury in fixing the amount of such damages should not be interfered with by the Court, except in cases of the most palpable abuse of such discretion.</p> <p>Measure of Damages.—The infant daughter of M., seven years old, was run over and killed by a steam .fire engine controlled by a servant of San Francisco. In an action for damages M. obtained a verdict for five thousand dollars. Held, that the damages assessed were not so excessive as to justify a presumption that the jury was misled by passion, prejudice, or ignorance.</p>