Page:Popular Science Monthly Volume 61.djvu/129

Rh Several of the states, however, permit their juries to assess punitive damages in cases of this character. The regulation applying to such is, in effect, as follows: "The jury may give such damages, pecuniary or exemplary, as, under the circumstances of the case, may seem to them just." Again, in some states, the maximum amount of assessment is limited by law to $5,000.00. These facts are mentioned in order to show that such damages cannot be safely included in a set of tables used for computation of values, as either the privilege of the jury, in the one case, or the statutory limitation, in the other, may prevent an award from representing a true estimate of the value of the deceased. Under the former conditions, an award of high damages may be in a large degree punitive, and only a small part of it may represent the court's estimate of the pecuniary loss. Under the latter state, an award of $5,000.00 may mean that, in the opinion of the authorities, the life was worth more, but the best that could be done was to give the maximum award.

From a mass of cases which have been collected for the estimates hereinafter set forth, there have been excluded all those occurring in states in which either of the above conditions were present. Careful exclusion has also been made of cases in which there appeared unusual circumstances or conditions which rendered them non-representative of the great majority. This process has left a total of 147 cases, the decedents in which were males, of all ages, classes and conditions, some completely supporting families, and others merely contributing to the support of other persons. These cases are believed to be the result of wise judicial procedure, the awards have all been confirmed by Supreme Courts or Courts of Appeals, and they seem to form a trustworthy basis upon which to estimate.

It appears that there are not conveniently available records of suits at law, in which the decedents were females, in sufficient number to warrant the construction of a table of values for this sex. Such cases seem to be infrequent, compared with those in which the male sex figures. This is undoubtedly due to the fact that man's existence is, by reason of his occupation and inborn venturesomeness, more hazardous than woman's, and therefore presents a greater number of casualties.

Arrangement of the different cases of award for wrongful death, in the order corresponding to the age of the decedents, from the youngest to the oldest, shows a somewhat heterogeneous mass of figures, often varying considerably in the same age column. This might be expected in such an arrangement, for mankind is widely diverse. The productiveness of an individual depends upon his habits, application, thrift, mental acuteness, physical condition and many of the other personal qualities which accompany mankind. Where one