therefore consider each verdict as distinct from the other.
In the suit of the parents, No. 2100 Civil Action, the direct expenses to plaintiffs consisted of funeral expenses amounting to $571.03, and an unstated amount for medical and hospital expenses. In view of the fact that Richard Poydock died within about an hour after being taken to the hospital, the unstated expense must have been small. Plaintiffs, in addition to their direct expenses, claimed expected contributions had the life of the deceased continued. It will be noted that these contributions were "expected", and not required or certain The parents were not dependent upon their son, and the deceased had reached the age of twenty-one years. Under these circumstances no court order would require payments to the parents. The basis of the claim of expectation of contributions was largely in imagination. The deceased had been a ball player in a small minor baseball league and, according to the not too satisfactory testimony of his family, had earned about $140 per month for the five-month season, of which amount he had sent one-third home; but during the seven months interval between seasons he had lived with his parents at their expense without performance of any particular duties. During two of the three seasons he had been a minor, but had reached his majority before the last season. With such an intangible foundation the contributions to be expected would amount to little or nothing. Deceased might have been taken from his parents' home by marriage, or by still more probable induction into the military service; but even if contributions were to be assumed for the natural duration of the parents' lives, about fifteen years, the amounts received would be far from the $20,000 awarded.
The verdict is so excessive that it cannot be allowed to stand. Because the instant case is so closely connected with the case of Joseph Poydock, Administrator of Richard Poydock v. Adams Transfer & Storage Company, D.C., 51 F.Supp. 374, the court will set aside the verdict and grant a new trial rather than give the plaintiffs the privilege of accepting a judgment of an amount less than that of the verdict.
And now, upon motion of Adams Transfer & Storage Company, defendant, the verdict in the above entitled action is hereby vacated and set aside, and a new trial ordered.
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