(Download) "Ruby H. Carbone Whipple v. Boston & Maine" by Court of Appeals of New York # Book PDF Kindle ePub Free
eBook details
- Title: Ruby H. Carbone Whipple v. Boston & Maine
- Author : Court of Appeals of New York
- Release Date : January 01, 1939
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Defendants exception to the denial of its motion to set aside the verdict "because the damages are excessive" appears to be without merit, and is overruled. There was evidence that the plaintiffs decedent, George J. Carbone, was 31 years of age at the time he was killed; that he was a young man of good habits with a life expectancy of 33.68 years; that he was by occupation a taxicab driver and chauffeur; that during the years 1931 and 1932 his earnings averaged between $25 and $30 a week when fully employed; that during May and June, 1933, he earned $50 per week for a period of seven consecutive weeks, and that at the time of his death he was earning $40 per week. In answer to the question, "What did he do with his earnings?" the plaintiff testified: "He always brought them home to me. Q. You used them for what? A. For the purpose of feeding and clothing the children and see they were well provided for. Q. That is, his earnings were used for the family? A. Yes, sir." It therefor might be found that the decedent had a substantial earning capacity and a proven Disposition to work and support his family whenever work was available. Under these circumstances it is difficult to imagine contravailing considerations which would compel the Conclusion that, as a matter of law, the loss caused to his estate by his death was less than $10,000.
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