The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-06-22
Indirect Damages.

1ye ore none of us over-lcarned in the law,
~ over-charred with common sense; but
ryb,teyer of the latter VIC may possess we
NAV practice without license, ana ask no
fayors of High Commissions or Boards OF
Arbitration, Tom Jones gets into little dis-
nute with his ncighbor, John Brown, when
4 settled Mt last by his being uncercnoniousiy
Knocked down and beaten. He II carried
home to Mrs. Jones in q bruised and bloody
condition: and Mrs. Jones, being sensitive
nerson and i'm situation that makes her pc
r,liarIy susceptible to uptoward impressions,
brings prematrrely into the world par Oh
twins. After this she falls naturally into
weak and nervous state, that unfts ner iof
doing the work of her family. consequently
upon this, Tom Jones becomes embarrassed
i'm his affairs and takes to drink ana 10 ldie-
ness. The consequences of the mlshap 20 Oh
multiplying In various directions, tlnth we
can no longer follow the threads OF second
third, and fourth causes; and the Indirect or
consequential damages widen like the waves
from a dropping pebble, until lie whoie
ocean of life responds to the original disturb
ance.
Meanwhile the law comes In and takes
copnizancc of Mr.. Browns violence. He is
arrested bv 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 oil Ten
dollars, in default of which payment he is to
he imprisoned-we will say--for thirty days.
He pays the fine with n triumphal air, and
walks out of court. Mr.. Jones simply says !:
"This is all very well, now, but have still
claim for indirect or consequential GHn'-
ages. and tllcsr are not to be drterlnllHi -
day. or this wear. or this decade" >iil'S"-
o,icntlv he proScclltes Mr. Brown for ronse-
Guential damages, charging him:
FIRST. With the ruin Of his wife's health,
aud the loss of her housewifely services.
Second. With the loss of the labor OF two
bows for given period Of years.
THIRD. With the cost of the liquor which
his domestic trials have induced him 10
drink.
FnlrH. With the value of the labor which
his drinkin. habits have induced him TO
squandcr.
FYfuh. With the loss of the satisfactions that
come from the possession OF healthy and
happy wife and Il pair of allcctionnte and IN
dustrious children.
Sirth. With the loss Of his self-respect and
the respect of the community.
SerenM. But there is no end of the list,
and no possible footing up Of the figures in
the column. 1t may amount to five thousand,
or ten thousand, or twenty thousand dollars.
Whatever the sum may be, Dir. Jones, in his
SCARED and silly old age, is told by the JUS
tice that he has no case, that no such thing as
an estimate aud statement of consequential
damages are possible to finite mind, and that
he cannot recognize his claims. Perhaps it
is not impertinent to state that MIR. Brown,
Mr. Jones is t TsfS anSSrS o at learning VIVA.
dignity by simply laughins'at claim which
in the nature Of the case can never be re-
duced to figures and never satisfied.
Now if Mr.. Jones has sense enough left to
comprehend the situation, and candOr enough
to acknowledge his error, there is no reason
why he and Mr.. Brown may not sit down
and smoke many pipe together in their old
age, and be very good neighbors. And il
any Of Jones's friends should accuse him OF
backing down and sllrrendcring, etc, they
would simply show themselves the enemies
of good neighborhood and common sense
Jones undoubtedly had bad advisers, who
ought to have known better than to put hin
up to so foolish business; and the quicker
he gets rid Of them the better.
There is principle underlying this homely
illustrative case which governs large thing
as well us little. No diplomacy can chang
it, 10 pettifogging or special pleading cal
subvert it. Consequential damages in al
wrong-doing are simply incalcuab'e and be
yond the cogniZance of human tribunals O
every sort.--Dr. F. 6. Holland, in Scrlbner'
for JuIu