Watson v. Seabd. Air Line Ry

• Decision Date: 20 October 1903
• Citation: 133 N.C. 188,45 S.E. 555
• Court: North Carolina Supreme Court
• Parties: WATSON. v. SEABOARD AIR LINE RY.

45 S.E. 555

133 N.C. 188

WATSON.

v.SEABOARD AIR LINE RY.

Supreme Court of North Carolina.

Oct. 20, 1903.

INJURY TO EMPLOYS—NEGLIGENT DEATH-DAMAGES—RAILROAD COMPANY—ISSUES.

1. In an action against a railway company for the death of plaintiff's decedent, an engineer, it was not the province of the jury, in determining the measure of damages, to speculate on how long decedent might have been sick, or how often out of employment, or how many times injured in railway accidents, had he lived, and deduct an amount from his gross earnings, though such matters, together with his health, habits of life, and dangers attending his occupation, were proper subjects for consideration.

2. The measure of damages for loss of life of a decedent is the present value of his net income, to be ascertained by deducting the cost of his living and expenditure from his gross income, and estimating the present value of the accumulation from such net income, based on his expectation of life; and, in estimating the reasonable expectation of pecuniary advantage from the continuation of decedent's life, his age, habits, industry, skill, and reasonable expectation of life should be considered; and the court may properly instruct the jury that, in ascertaining the present value of the net income, they will first ascertain what $1, interest at 6 per cent., will amount to for the time found the decedent would have lived; that they will divide the net income by the amount found $1 and interest will amount to, which amount will be the answer to the issue as to what damages plaintiff is entitled to recover.

3. In an action for the death of plaintiff's decedent, the issues, "What was the expectancy of life of plaintiff's intestate?" and "what would have been his accumulation arising from his net income for that period?" could not be given in lieu of the issue, "What damage is the plaintiff entitled to recover?"

Appeal from Superior Court, Wake County; Bryan, Judge.

Action by A. S. Watson against the Seaboard Air Line Railway. From a judgment for plaintiff, defendant appeals. Affirmed.

T. B. Womack and Day & Bell, for appellant.

T. M. Argo, for appellee.

MONTGOMERY, J. This action was brought by the plaintiff's administrator to recover damages against the defendant upon the allegation that his intestate was killed through the negligence of the defendant. By agreement the issue as to the negligence of the defendant was answered by the court in the affirmative, and the only matter brought up by the appeal arises upon the refusal of his honor to submit certain issues and to give certain instructions tendered and requested by the defendant upon the measure of damage.

The defendant requested the court to instruct the jury as follows: "(3) After determining the earnings of the deceased, you must deduct from that amount the cost of his personal support, including his board, lodging, clothes; doctor's bill, if he should get sick; loss of time from sickness, if he should become sick; loss of time from railway accidents, if such should not occur from the negligence of the railroad or his fellow servants; and any sum he should spend for his personal comfort, over and above his necessary expenses; and his failure to find employment at any time, if such failure should...