On Appellant’s Motion for Rehearing.
In considering appellant’s motion • complaining of our recent order allowing a recovery herein of $4,000, we wish to say that, in considering the amount of the jury’s verdict and judgment in this case, we all originally agreed that we thought the judgment was excessive, but as to the amount of excess there has not been at any time an entire agreement among us. Our first order requiring a remittitur of $5,000, as also our second order fixing $3,500 as the amount of excess, was to a greater or less extent the result of an effort on our part to compromise our various inclinations. Like conflicts of opinion continue to exist in the consideration of the motion now before us, but the majority have concluded that in stating the facts in our original opinion we possibly adopted too strict a construction of the evidence, and that we should now say that the evidence does not entirely preclude the conclusion that at least some service and pecuniary benefit to the appellee would have been received during the minority of his son, and possibly thereafter, and hence considering the wide latitude given the jury in determining the amount of compensation that should be allowed in such cases, we should not now require a further remittitur so as to reduce the amount of the judgment in appellee’s favor below the sum last fixed, to wit, $4,000.
The motion is accordingly overruled.