Fox v. Chicago Great Western R.

Citations

• 207 F. 886
• 1913 U.S. Dist. LEXIS 1365

Syllabus

<p>1. New Trial (§ 76*)—Grounds—Excessive Verdict.</p> <p>Since tbe amount of the verdict in a personal injury action will not be reviewed by the Circuit Court of Appeals, the trial court should carefully consider a motion by defendant for a new trial on the ground that the verdict allowed was excessive, to the end that no injustice should be permitted because of an award not warranted by the evidence.</p> <p>[Ed. Note.—For other eases, see New Trial, Cent. Dig. §§ 153-156; Dec. Dig. § 76.*]</p> <p>2. Damages (§ 132*)—Excessiveness—Personal Injuries.</p> <p>Plaintiff, a mail clerk, in perfect health, of good habits, and a strong, vigorous young man earning $1,100 a year, and between 25 and 26 years old, was injured in a wreck on March 15, 1912, on defendant’s railroad. Plaintiff was pinned under the wreckage for some hours, and was only released by cutting into the car. He received a severe and compound fracture of both lower bones of one leg near the ankle joint, and other bruises and injuries of a lesser nature. He was taken to a hospital, where the bones were set; but they did not unite well, became infected, and after three months he was taken to another hospital, where the bones were reset, and. they, with the wound, treated for several weeks, during all of which time he suffered much pain, mental and physical. It was several weeks before he could get around at all, or that he was able to hiove with the aid of crutches, and at the time of trial in June, 1913, he used a cane for that purpose. While in the hospital chronic nephritis developed as a direct result of the injury, which will prevent his engeglng in any arduous work, mental or physical. The ankle is permanently stiffened, and he will continue to suffer mental and physical pain and require medical attention in the future. Under civil service rules he received full salary up to March 15. 1913, after which he will receive half salary until March .15, 1911, when his pay will cease. Held, that a verdict all