Power v. City of Augusta

Citations

• 191 F. 647
• 1911 U.S. App. LEXIS 5536

Syllabus

<p>1. Courts (§ 372*) — Federal Courts — Authority of State Decisions.</p> <p>The question of (he measure of damages recoverable for a personal injury is one of general jurisprudence, upon which a federal court is not bound to follow the state decisions.</p> <p>LEd. Note. — -For other cases, seq Courts, Cent. Dig. §§ 977-979; Dec. Dig. § 372.*</p> <p>Conelusiveness of judgment between federal and state courts, see notes to Kansas City, Ft. S. & M. R. Co. v. Morgan, 21 C. C. A. 478; Union & Planter’s Bank v. City of Memphis, 49 C. C. A. 468.]</p> <p>2. Damages (§§ 32, 50, 216*) — Personal Injury — Disfigurement of Person.</p> <p>In an action for a personal injury not resulting in death, but causing a permanent injury to the body affecting the power to earn money, damages should not be limited to the impairment of the power to earn money, but should include impairment of ability to move about as one would like and disfigurement, and it is better to direct the jury generally to allow such sum as they believe would be a reasonable compensation for such injury without itemizing the particulars in which plaintiff is thereby affected.</p> <p>LEd. Note. — For other cases, see Damages, Cent. Dig. §§ 40, 41, 71, 300, 548-555; Dee. Dig. §§ 32, 50, 216.*]</p> <p>3. Damages (§ 132*) — Personal Injury — Excessive Damages.</p> <p>An award by a jury of $2,500 damages for a personal injury to a woman by which a kneecap was broken, which permanently impaired the use of the limb, such verdict also including the expense of cure amounting to nearly $400. held not excessive.</p> <p>lEd. Note. — For other cases, see Damages, Cent. Dig. §§ 372-385; Dee. Dig. § 132.*]</p>