The Portland daily press., 1872-06-21
Indirect Damages.

We are none of us oyer-learned in the
law, or overcharged with common-sense
but whatever of the latter we may pos
sess, we may practice without a license,
and ask no favors of High Commissioners
or Boards of Arbitration. Tom Jones
gets into little dispute with his neigh
Dor, John Brown, which is settled at last by
his being unceremoniously knocked down and
beaten. He is carried home to Mrs. Jones in
bruised and bloody condition; and Mrs.
Jones, being sensitive person, and in sit
uation that makes her peculiarly susceptible
to untoward impressions, brings prematurely
into the world pair of twins. After this,
she falls naturally into a weak and nervous
state, that units her for doing the work of
her family. Consequently upon this, Tom
Jones becomes embarrassed in his affairs, and
takes to drink and to idleness. The conse-
quences of the mishap go on multiplying in
various directions, until we can-no longer fol-
low the threads of second third, and fourth
causes; and the indirect or consequential
damages widen like the waves from drop
ping pebble, until the whole ocean of life res
ponds to the original disturbance.
Meanwhile the law comes in and takes cog
nizance of Mr.. Browns violence. He is ar
rested by the police, and brought before
justice. The justice becomes convinced of
the facts of the assault, and, with the statute
in such case made and provided before him,
sentences Mr.. Brown to pay fine of ten dol
lars, in default of which payment he is to be
imprsoned-we will say-for thirty days.
He pays the fine with triumphal air, and
walks out of court Mr.. Jones simply says:
This is all very well now, but have still
a claim for indirect or consequential DANA
ges, and these are not to be determined to-
day, or this year, or this decade" Suisse
quently he prosecutes Mr.. Brown for conse-
quential damages, charging him IT,
First, with the ruin of his wife's health and
the loss of her housewifely services.
Second, with the loss of two boys for Civ
en- period of years.
Third, with the cost of the liquor which his
domestic trials have induced him to drink.
Fourth, with the value of the labor which
his drinking habits have induced him to
squander u
Fifth, with the loss of the satisfactions that
come from the possession of healthy and
happy wife, and pair of affectionate and in
dustrious children.
Sixth, with the loss of his self-respect and
the respect of the community.
Seventh-Dut there is no end of the list
and no possible footing up of the figures in
the column. 1t may amount to five thous-
and, or ten thousand, or twenty thousand
dollars, Whatever the sum may be, Mr.
Jones, in his SCARED and silly old age, is told
by the justice that he has no case, that no
such thing as an estimate and statement of
consequential damages are possible to a finite
mind, and that he cannot recognize his
claims. Perhaps it is not impertinent to state
that Mr.. Bown, who becomes very angry at
learning what Mr.. Jones is trying to do.
would save his dignity by simply laughing at
claim which in the nature of the case can
never be reduced to figures and never salts
fed. A5..N9 -I-
Now if Mr.. Jones has sense enough left to
comprehend the situation and cand0r enough
to acknowledge his error, there is no reason
why he and Mr.. Brown may not sit down and
smoke many a pipe together in their old age,
and be very good neighbors. And if any of
Jones's friends should accuse him of backing
down and surrendering etc., they would sim
ply show themselves the enemies of good
neighborhood and common-sense. Jones I'M
doubleday had bad advisers, who ought to
have known better than to put him up to so
foolish business; and the quicker he gets
rid of them the better
There is a principle underlying this homely
Illustrative case which governs large things as
well as little. No diplomacy can change it,
no pettifogging or special pleading can sub
vert it. Consequential damages in all wrong
doing are simply incalculable, and beyond the
cognizance of human tribunals of every sort
DR.. j. G. Holland, in Scribner's for july.