Spangler v. Helm's New York-Pittsburgh Motor Express

153 A.2d 490, 396 Pa. 482, 1959 Pa. LEXIS 570
CourtSupreme Court of Pennsylvania
DecidedJuly 2, 1959
DocketAppeal, No. 189
StatusPublished
Cited by75 cases

This text of 153 A.2d 490 (Spangler v. Helm's New York-Pittsburgh Motor Express) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spangler v. Helm's New York-Pittsburgh Motor Express, 153 A.2d 490, 396 Pa. 482, 1959 Pa. LEXIS 570 (Pa. 1959).

Opinion

Opinion by

Me. Justice Musmanno,

Mrs. Eegina E. Spangler, 36 years of age, was hilled in an automobile accident, caused by the negligence of the driver of a tractor-trailer owned by Helm’s New York-Pittsburgh Motor Express, the defendant in this case. Clyde G. Spangler, husband of the decedent and now administrator of her estate, brought actions against the defendant under the Wrongful Death and Survival Acts. The jury returned a verdict in his favor in the sum of $679.54 in the Wrongful Death Act action and $45,380 under the Survival Act, for a total of $46,059.54.

The Trial Judge declared the verdict excessive and ordered a new trial unless the plaintiff agreed to file a remittitur in the amount of $17,861.04, thus reducing the verdict to $28,198.50. The plaintiff refused to file such a remittitur and this appeal followed.

The decedent Mrs. Spangler, who, at the time of her death, had a life expectancy of 32.59 years, was sur[484]*484vived by her husband and three children, aged respectively 14 years, 13 years, and 5 months. The only question on this appeal must be stated in terms which might seem materialistic, namely: What did Mrs. Spangler .mean to these people in terms of money? Naturally, no husband and no children see in the person dearest to them a money equivalent, and, during life, such an evaluation would be unqualifiedly brutal and offensive. However, with death, problems arise which must be solved, harsh and heartrending as they may be. Thus, as Mr. Spangler and his children now face a future with the main pillar of their family structure missing, the question inescapably follows: How much do they need to supplant that pillar?

To begin with, there was very definite physical work performed by Mrs. Spangler, for which no sums were drawn from the family budget. Money is now needed to pay for those services. Mrs. Spangler did the household work: she washed, ironed, cooked, and sewed. She did all the housecleaning, made some of the children’s clothing, helped her husband paint the house, she put together draperies and rugs. All these services can be translated into pecuniary values because one can presumably go into the labor market and find a house.keeper to perform those labors. But the amount paid to. such a housekeeper would not compensate for Mrs. Spangler’s displacement. There are services performed by a wife-mother which no housekeeper can supply.

The fact that there is no mathematical formula whereby compassionately bestowed benefits can be converted into a precise number of bank notes does not mean that the tortfeasor will be excused from making suitable reimbursement for their loss. The law commands that the wrongdoer pay what justice requires and common sense dictates. The man who accomplishes a great wrong cannot escape accountability on the basis [485]*485that his responsibility cannot be computed, to the last dollar and penny.

The evidence reveals that Mrs. Spangler was unstintingly devoted to her family. The record shows that her loyalty was expressed in an incessant activity, tireless energy, and never-flagging concern. She took the children to church regularly, she added to their religious instruction, she prayed with them, she accompanied them to baseball games and on fishing trips. All these things — such as companionship, comfort, society, guidance, solace, and protection which go into the vase of family happiness — are the things for which a wrongdoer must pay when he shatters the vase.

The illustrious Justice Agnew well expressed the rule here involved when he said in the case of Pennsylvania Railroad Co. v. Goodman, 62 Pa. 329, 339: “The frugality, industry, usefulness, attention, and tender solicitude of a wife and the mother of children, surely make her services greater than those of an ordinary servant, and therefore worth more. These elements are not to be excluded from the consideration of a jury in making a mere money estimate of value.”

It is not acceptable to say that a jury has no comptometer with which to total up values assignable to economy, industry, attention and tender solicitude. Difficulty of computation is not a barrier to full recovery. The commission of a wrong carries with it the duty to make amends. And if the mending process is additionally expensive because of problems encountered in ascertaining the cost of the rehabilitating agents, that process becomes part of the obligation the tortfeasor must assume.

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153 A.2d 490, 396 Pa. 482, 1959 Pa. LEXIS 570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spangler-v-helms-new-york-pittsburgh-motor-express-pa-1959.