30 mcnmzar. ssronrna.
caused to the estate of said Mrs. Whitmer by her death, bearing in
mind that the sum you may thus award is to be paid now,-is in one
sum,—and will be thereby freed from the uncertainties that surround
and affect business life and affairs.
The other persons killed, as the evidence shows, were children of
three years, and about 18 months, old. The boy, Floyd, would have
become of full age when 21 years old, and the girl, Matie, when 18
years old. Until these children should reach tl1eir majority,the father,
under the laws of the state, would be liable for their maintenance,
and be entitled to their earnings and the benefit of their labor; and
hence the proceeds thereof would not belong to their estate, and would
not pass to their administrator. In these actions, therefore, the
plaintiff, who sues as administrator of their estates, is not entitled to
recover for damages accruing prior to the time at which the child
would have attained his or her majority. You are therefore to deter-
mine what sum should be awarded in each of these cases, as fairly
representing the pecuniary loss to the estate, in that the said estate
has been deprived by the death of the party of the accumulations or
earnings net, after allowing for all expenses, which such party might
_ have accumulated after reaching his or her full age. From the very
nature of the case it is impossible that evidence could be adduced
showing the amount of such loss. It is impossible to know whether
these children, or either of them, would reach the years of their ma-
jority. It might be that, had it not been for this accident, and their
consequent deaths, they would have reached a full old age. It is im-
possible to know whether these children, or either of them, had they
lived, would, after their majority, ever have earned or accumulated
any estate or property whatever. It might be that they would have
been successful in that regard, and have accumulated estates of greater
or less value. You know, gentlemen, from your common observation
and experience,the uncertainties and contingencies that attend human
life and the accumulation of property, and due weight should be given
thereto in estimating the damages to be awarded in cases of this
character. The amount to be awarded has to be and is intrusted to
the sound common sense and good judgment of the jury. The amount
you award becomes a sum fixed and certain, and when awarded and
paid is freed from the uncertainties and contingencies I have named.
In these cases, Nos. 255 and 256, you will therefore, if you find for the
plaintiff, award in each case such reasonable sum as in your best judg-
ment may be considered to fairly represent the pecuniary loss to the
estates, in that said estates have, bythe death of said Floyd and Matic
Whitmer, been deprived of their possible accumulations after reaching
the ages of 21 and 18 years, respectively.
A Juror. I failed to understand from the instruction of the law,
and would like to know, whether there is any statute that specifies
how fast or how slow a train shall go in approaching a crossing.