De Toskey v. Ruan Transport Corp.
| Decision Date | 13 December 1949 |
| Docket Number | No. 47540,47540 |
| Parties | , 17 A.L.R.2d 826 DE TOSKEY v. RUAN TRANSPORT CORPORATION. |
| Court | Iowa Supreme Court |
Miller, Huebner & Miller, of Des Moines, for appellant.
Abramson & Myers, of Des Moines, and Culver, Phillip, Kaufmann & Smith, of St. Joseph, Mo., for appellee.
Plaintiff's action at law is based on the claimed wrongful death of administratrix' intestate who was a railroad fireman. At the time of the accident that caused his death he was in the cab of a moving engine of the Chicago, Great Western Railway Company. The engine struck an oil truck belonging to defendant which had stalled on a railway crossing. On submission of the issues to it, the jury found for plaintiff on the disputed questions relative to defendant's negligence, decedent's contributory negligence, the proximate cause of the accident, and the present worth of decedent's anticipated estate. The jury returned a verdict for $10,000 under instructions that it should take into consideration the amount previously received by the plaintiff from the railway company for a covenant not to sue. A motion for a new trial, on grounds which are substantially the same as those submitted as the basis for reversal in this court, was over-ruled by the trial court. Judgment was thereafter entered against the defendant and it has appealed.
Decedent had been employed as a locomotive fireman by the Chicago, Great Western Railway Company for a period of 30 years and was so employed at the time of the accident which caused his death. He was then sixty-one years of age. His gross wages for the year preceding his death had amounted to $4409.40. It was stipulated by the parties that decedent's life expectancy was 13.47 years, that his employment had been regular, and that the expenses of his funeral amounted to $666.08.
The evidence presented discloses that decedent was industrious, his health had been good, and that his general habits were of a satisfactory nature. His wife, the plaintiff administratrix, and four children who were all grown to maturity survived decedent. There is evidence that he paid taxes on a home and maintained it, but there is no statement in the record who owned it or whether decedent contributed to its purchase. It is shown that each of the children had obtained a high school education financed by their father and that at the time of his death decedent had in cash and bonds approximately $1,000.
Appellee in her pleadings admitted that she had received from the railway company the sum of $13,325, but denied that the payment was in settlement of a claim for damages on account of the death of decedent growing out of the accident. It is appellee's assertion that the payment made by the railway company was in consideration of the receipt by it from this appellee of a covenant not to sue. This covenant was made a part of the pleadings.
The appellant asserts in substance as grounds for reversal that (1) the verdict of $10,000, taking into consideration the amount received for the covenant not to sue the railway company, is excessive and that the jury was influenced and affected by passion and prejudice; (2) that the verdict is not sustained by the evidence and is contrary to the evidence; (3) that the verdict is contrary to the law submitted by the trial court in its instructions; and (4) the amount of the verdict is so excessive that it is not supported or sustained by the evidence.
It is very apparent, in fact it is not controverted, that the only question presented for our review is the claimed excessiveness of the verdict. In other words, we are presented with the issue whether the sum of $23,325 is too large a recovery by appellee's estate, taking into consideration the amount received for the covenant not to sue and the amount of the judgment in the instant case. The appellant would have this court grant a new trial in that it is claimed the trial court refused to set aside or reduce what is claimed to be an excessive verdict. By reason of the limited nature of the issues presented to us for review, we do not deem it necessary to set out any of the facts relative to the accident that caused decedent's death. The statements heretofore set forth are sufficient for our determination of the issue presented.
I. In each case where a death has occurred and the amount of the verdict is the matter to be determined, the jury and the court can and should take into consideration the life expectancy of the decedent and other facts which will vary in individual cases including the decedent's character, health, habits, talents, prospects, contributions to dependents, and other facts and circumstances upon which juries may have differences of opinions. Nicoll v. Sweet, 163 Iowa 683, 695, 144 N.W. 615, L.R.A.1918C, 1099, Ann.Cas.1916C, 661; Thoirs v. Pounsford, 210 Minn. 462, 465, 299 N.W. 16, 18. The consideration to be given to the factors heretofore set forth should be determined in connection with the ultimate decision the jury is required to reach under the instruction somewhat similar to the one given in the instant case that the recovery, if any, should be: 'Such sum as equals the present worth of the net value of what would have been the estate of Paul J. DeToskey, deceased, acquired by him if he had not suffered the accident in question, but had survived.'
II. In considering the question of the claimed excessiveness of a verdict, we must keep in mind that it is within the province of the jury to determine the amount to be allowed in any particular case. Until our system of jurisprudence determines that some other system is more satisfactory and more accurate in arriving at the real damage, we must leave it to our juries to set the amount of recovery. We have endeavored without success to reconcile the various theories of computing the possible verdicts respectively made by counsel for the appellant and appellee. We cannot as yet say that this court is in a position to determine the exact value of an individual's life. There are too many factors to be taken into consideration Besides, that is the province of the jury.
We believe that our statement in the early case of Collins v. City of Council Bluffs, 32 Iowa 324, 331, 332, 7 Am.Rep. 200, can be applicably quoted here even though in that case a claim for damages for wrongful death was not an issue. We there stated: ...
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