A CHILD’S LIFE

Dominion, Volume 31, Issue 241, 8 July 1938, Page 15

A CHILD’S LIFE

What Is It Worth?

COMMENT BY JUDGE

A common jury’s award of £lOOO damages for a three-year-old child s lost “expectation of life” iu a fatal accident claim was described as “very excessive” 'by Mr. Justice Charles in the King's Bench Division. London, recently. "I grant unconditional leave of appeal,” he said. “If I had tried the ease myself I would have assessed damages at £150.” The child's father, Mr. Victor Bailey, of Oldfield Lane, Greenford, Middlesex, sued as her .personal representative. The jury awarded him £6/10/-, which lie claimed on -his own behalf as expenses. £lOOO damages on behalf of the dead child, Hazel Bailey, and £350 damages in respect of his other child, Norma Joan Bailey, 4, who was alleged to have suffered from nervousness because of the accident. The two children were in a perambulator outside their home on March 16, 1936, when it was struck by a ear belonging to the defendant, Mr. Arthur John Howard, of Brownlow Road, New Southgate, who admitted negligence. Summing-up on the issue of damages, Mr. Justice Charles said:

"One may think that this form ot action in respect of a person's death is a somewhat unfortunate one. Still, it is one which the law allows. “It is what is called a ‘pounds,, shillings and pence’ action, and that is all it is. Parliament, in its wisdom, has given to you the duty of solving a problem which it is Impossible accurately to determine. Those sitting in the position in which 1 do realise the utter impossibility of it. "One judge may give a £5 note and another judge may give £lO,OOO. There is no guidance. It Is .sheer guesswork. “A child of three may die when it is four; it may live until it is TO. You are asked to do something that is concealed from the face of man bv the death of the child. "A doctor has told that at three years of age you have got your highest expectation of life. You must make a pure guess at what the expectation of life is.

“How was the child going to grow up? It might have become an idiot or a cripple. It might have become healthy and sound all its life —God only knows.” . The defendant has paid into court £2O/6/9 011 Norma’s claim, and £2lO in regard to Hazel. When the jury bad returned their verdict, the Judge said : “I think the amount paid into court was ample in regard to Hazel’s death. With reference to the child Norma I think the damages are too great. “I grant a stav of execution, and possibly it will bring the matters to a head. It has got to come to a head some time. Judgment was entered for tlie plaintiffs, with costs.