A CHILD OF THREE

Evening Post, Volume CXXV, Issue 146, 23 June 1938, Page 17

A CHILD OF THREE

EXPECTATION OF LIFE A common jury's award of £1009 damages for a three-year-old child's lost "expectation of'life" In a fatal accident claim was described, as "very excessive" by Mr. Justice Charles in the King's Bench Division, says the "Daily Telegraph and Morning Post." "I grant unconditional leave to appeal," he said. "If I had tried 'the case myself I, would have assessed tbo damages at £150." The child's father, Mr. Victor Bailey, of Greenford, Middlesex, sued as her personal representative. The jury Awarded him £6 16s, which he claimed on his own behalf as expenses, £1000 damages on behalf of the dead child. Hazel Bailey, and £830 damages in respect of his other child, Norma Joan Bailey, 4,,wh0 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 car belonging to the defendant, Mr. Arthur John Howard, of New Southgate, who admitted negligence. Summing up on the issue of damages. Mr. Justice Charles said:— "One may think that this form of action in respect of a person's death if a somewhat unfortunate one. Still, it is one which the law allows. SOLVING A PROBLEM. "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 I do realise the utter impossibility of it. One Judge may give a £5 note and another Judge may give £10,000. There is no guidance. It is sheer guesswork. "A child of three may die when it i« four; it may live until it is 70. You are asked to do something that is concealed from the face of man by 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 had paid into Court £26 6s 9d on Norma's claim and £210 in regard to Hazel. When the jury had 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 stay 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 the plaintiffs, with costs.