Peterson v. Roessler & Hasslacher Chemical Co.

Citations

• 131 F. 156
• 1904 U.S. App. LEXIS 4894

Syllabus

<p>1. Master and Servant — Injuries to Servant — Measure op Damages.</p> <p>In an action against a master for injuries to a servant, in the absence of aggravating circumstances, the measure of damages is the pecuniary loss sustained by plaintiff, and compensation for suffering endured.</p> <p>2. Same — Damages—Pecuniary Loss — How Estimated on Complete Destruction of Earning Powers.</p> <p>IVliere there has been a complete destruction of the plaintiff’s earning powers, the pecuniary loss is to be theoretically estimated by the capital which, at a fair rate of interest, will produce a yearly sum equal to the average wages likely to be earned during the plaintiff’s expectancy of life, less such a sum as, at compound interest for the same period, will equal and offset such sum.</p> <p>3. Same — Damages—Excessiveness.</p> <p>Where plaintiff, a laborer 39 years of age, who had been in defendant’s employ for 11 years, during which time the character of his work had not materially changed, was so injured by the explosion of certain lime that he lost his sight at a time when liis earning capacity was $1.50 per day, a verdict awarding plaintiff $9,500 was excessive, and should be redueed to $8,000, of wliicli $6,000 should be awarded for the pecuniary loss sustained, and $2,000 as compensation for suffering.</p>