Clare v. Sacramento Electric Power & Light Co.

Citations

• 122 Cal. 504
• 55 P. 326
• 1898 Cal. LEXIS 620

Syllabus

<p>Negligence—Injury from Electric Wire—Damages—Support of Verdict.—In an action to recover damages for an injury sustained from contact with a wire used to sustain one of the poles supporting a trolley wire, and which was so negligently placed as to become charged with electricity, a verdict in favor of the plaintiff for two thousand dollars’ damages will not be disturbed upon appeal, if there was evidence tending to support the allegations of negligence, notwithstanding conflicting evidence to the contrary, and evidence authorizing the jury to find that the hearing in the left ear of plaintiff had been totally destroyed, the sight of his left eye seriously impaired, and his nervous system so permanently shocked as to impair his facility for transacting business.</p> <p>Id.—Determination of Damage for Personal Injuries—Discretion of Jury.—Compensation for personal injuries is not dependent upon the cutting off or diminution of wages by reason of the injury, nor is the amount thereof measured by the amount of income or wages lost. There is no standard by which permanent injuries to the person can be valued, and there can be no direct evidence of the amount of money which will compensate them; hut it is sufficient to show the jury the extent of the injuries, and the amount of their verdict is to be determined by an intelligent discretion. The amount will not be disturbed, unless it is so excessive as to indicate passion or prejudice.</p> <p>Appeal—Review of New Trial Order—Amendment of Statement.— The action of the trial court in denying a motion for new trial is to be reviewed upon appeal upon a transcript of the records of that court. The appeHate court has no power to amend those records, and cannot grant an amendment of the settled statement on motion for a new trial, upon affidavits showing that , other instructions of the court were excepted to than those shown in the statement.</p>