St. Johns Electric Co. v. Lawler

• Decision Date: 24 July 1925
• Citation: 90 Fla. 188,105 So. 818
• Parties: ST. JOHNS ELECTRIC CO. v. LAWLER.
• Court: Florida Supreme Court

105 So. 818

90 Fla. 188

ST. JOHNS ELECTRIC CO. v. LAWLER.

Florida Supreme Court

July 24, 1925

Rehearing Denied Sept. 25, 1925.

En Banc.

Error to Circuit Court, St. Johns County; George Couper Gibbs Judge.

Action by Maggie F. Lawler against the St. Johns Electric Company for damages for death of plaintiff's husband. Judgment for plaintiff, and defendant brings error.

Affirmed on condition of remittitur.

Syllabus by the Court

SYLLABUS

Mental anguish of widow not element of damages. The statute does not make mental anguish of the widow an element of damages in her action for the wrongful death of her husband.

If evidence does not warrant punitive damages, court should not charge thereon, but on motion withdraw matter from jury. Where the evidence does not warrant punitive or exemplary damages in an action for tort, the court should not give charges on that subject, and should on motion withdraw that matter from the jury.

Where liability is shown, but damages awarded are excessive remittitur may be permitted. Where liability is shown, but the damages awarded are excessive in view of the evidence, a remittitur may be permitted.

$15,000 held excessive by $5,000. In action by widow for death of husband from coming into contact with electric light wire verdict for $15,000 was excessive by $5,000.

COUNSEL

George W. Bassett, Jr., of St. Augustine, for plaintiff in error.

Baldwin & Vetter, of Jacksonville, for defendant in error.

OPINION

WHITFIELD J.

The declaration herein contains several counts. It in effect alleges that the electric company maintained, controlled, and operated an electric street railway system, together with a power house, tracks, wires, and other equipment for the maintenance and operation thereof, with an overhead uninsulated wire charged with a heavy and dangerous current of electricity, one of the sections of which track, with its overhead charged and uninsulated wire is laid and suspended, respectively, between the western part of Anastasia Island to the eastern beach of Anastasia Island, at or near a point commonly known as Salt Run; that the said tracks ran upon the beach of said Anastasia Island, and in fact at high tide extended out to and for some distance into the waters of the Atlantic Ocean; that during the year 1920 the defendant corporation discontinued the operation of its cars on said tracks to the eastern beach of Anastasia Island to the point near Salt Run; that after the discontinuance of the said portion of the car line service, the elements caused the fall or dangerous lowering of the uninsulated overhead wire containing and conveying a heavy and dengerous current of electricity at a point on the beach in a northerly direction from and close to said Salt Run, and said wire was fallen or suspended so low as to constitute a menace and a public nuisance; that defendant corporation knew, or by the observance of reasonable diligence could and should have known, of the dangerous condition of its wire at said place, that on January 23, 1921, as a direct result of the willful, wanton, and negligent act of misconduct of said defendant corporation in maintaining the said live wire in said dangerous condition and position, as hereinbefore alleged, the said Robert F. Lawler, then the husband of this plaintiff, while engaged in traversing the beach at the said point on Anastasia Island, to wit, slightly northerly of and close to said Salt Run, and close to or at the terminal of said electric car line, came in contact with said fallen or lowered uninsulated wire, charged with said heavy and dangerous current of electricity, and thereby received said current into his body, by means of which the said Robert F....