I
MORRIS v. CHICAGO, M. & sr. P. R. oo. 23
11. S.4Mn—DAm.~.ens-Mmmm Aimorsn on Rnmvrrvns. `
In actions for damages broufght by an administrator against a railroad com
pany for the death of his dece ent through the compauy’s negligence. the law
does not permit the jury to award damages for the anguish and suffering of
the relatives of deceased, but limits the amount to be recovered to the pecun-
iary loss caused to the estate of the person killed.
r2. Dann or- WOhIAN—MEASURE or Damscss-Facrs ro BE Consrnnnnn.
In estimating the damages in the case of a woman killed by the negligent
running of a railroad train, the jury must consider her age at the time of her
death, and any other facts established by the evidence throwing light on her V
ability to earn money, fixing thus the loss to her estate. But the jury must
bear m mind, while thus considering, that the sum awarded is given in one
sum, and is freed from the uncertainties that surround and affect business life
and affairs.
18. Dann or- CHILD—MEABURE or- Damaems.
In an action against a railroad companly by an administrator for the death
of a child, the plaintid is not entitled to amages accruing prior to the time
when such child would have attained his or her majority. °
at Law.
W. H. Foster and G. L. Johnson, for plaintiff.
Burton Hanson and W. J. Knight, for defendant.
Smale, J., (chwrging jury.) J. H. Morris, as administrator of the
estate of Martha J. Whitmer, and as administrator of the estate of
Floyd Whitmer, and as administrator of the estate of Matie Whit-
mer, brings three separate actions against the Chicago, Milwaukee
& St. Paul Railroad Company to recover the damages which, it is
alleged, were caused to the estates ofthe three persons named, by ·
the death of said persons; they having been killed in a collision be-
tween a wagon in which they were riding and a train upon defend-
ant’s road, it being claimed by plaintiff that the collision, and con-
sequent death of said persons, was due to the negligence of the de-
fendant. Under the statute law of Iowa, if a person is killed through
an accident caused by negligence on part of another, the pecuniary
damages caused to his estate by his death may be recovered in a suit
by the administrator of his estate; and these actions have been
brought under the provisions of this statute by the present plaintiff,
as administrator of the estate of the three persons named, it not be-
ing disputed that they are dead, and that plaintiff has been legally ap-
pointed administrator of their separate and several estates. As the
death of the three persons resulted from one and the same accident,
and as the right of recovery in each case is based upon the same al-
legations, the court, for convenience sake, has ordered the three causes
to be consolidated for the purposes of this trial before you, and hence
all three cases are now submitted to you for your determination.
It appears from the evidence that the collision between the wagon
and train in question took place upon Sunday, andsome question
has been made in regard to the effect this fact might have upon the
rights of the parties. If it were true that the railway company had
no right to run its train over its road on Sunday, it would be equally
true that Mr. Whitmer and his family had no right, so far as the evi-
I See note at end of case. C `