Chicago, M. & St. P. Ry. Co. v. Lindeman

Citations

• 143 F. 946
• 75 C.C.A. 18
• 1906 U.S. App. LEXIS 3805

Syllabus

<p>1. Customs and Usages—Custom Must be Uniform, Certain, Known, or Notorious—Pacts Held Insufficient to Establish.</p> <p>A custom must be uniform, certain, and known, or so notorious that a person of ordinary prudence, in the exercise of reasonable care, dealing-with its subject,’ would have been aware of it.</p> <p>Where the plaintiff’s witnesses testify that there was a custom of doing an act in a certain way and that they followed this custom, and: defendant’s witnesses testify that they performed the act at the same place during the same time in another way, and no witness contradicts 'the testimony of the litter or testifies that the alleged custom mentioned by the plaintiff’s witnesses was either uniform or universal, it is held that the evidence is insufficient to warrant-a finding by a jury that the alleged custom was uniform, and hence the question of its existence should not have been submitted to them.</p> <p>[Ed. Note.—For cases in point, see vol. 15, Cent. Dig. Customs and Usages, §§ 5, 23, 24.]</p> <p>2. Damages—Future 'Pain Must be Reasonably Certain to Authorize Recovery—Those Which May Result Are Not Recoverable.</p> <p>The liability for future damages for the wrongful infliction of a personal injury is strictly limited to compensation for such pain and other evil effects as are reasonably certain to result from it. Possible, even probable, future effects are too remote and speculative to form the basis of legal recovery.</p> <p>A charge that the plaintiff may recover damages for pain and suffering which may result from the injury in the future is erroneous.</p> <p>[Ed. Note.—For eases in point, see vol. 15, Cent. Dig. Damages, §§ 55-57, 552.]</p> <p>(Syllabus by the Court.)</p>