The weekly Oskaloosa herald. [volume] (Oskaloosa, Iowa) 1855-1885, 1873-04-10
DAMAGES AGAINST RAILROAD COM
PANIES, ETC, FOR PERSONAL
INJU RIES.

In recent number or the heDU6-
Ecan we stated that the verdict for
s1l, 200 against the company in the
case of Burch against the Chicago 81
North western Railroad company was
the highest verdict Of the kind on
record. A reader tells us we are
misinformed on the point, and fur
nishes the following items in confir-
nation of his statement:
In the case of Collins vs. The AL
bany & Schenectady Railroad com
pany, N. Y, a verdict was given for
Sll 900, but set aside for the reason
that by provision of the statute of
that State the recovery in such cases
was limited to 5000.
II 1868 the railroad interests had
the State of Pennsylvania SO com
pletely under their control through
corruption of the Legislature, that
they were enabled to procure the en-
actmeut of most infamous law, pro,
viding that no damages sh all be re
covered against the railroad compe-
MES, except such as have been "pe-
culiarly sustained" and then not to
exceed $4,000, and this without re-
gard to the grossness or willfulness
of the company's negligence. Thus
making an invidious and most unjust
distinction in the favor of railroad
companies, not applicable to steam,
boats, stage coach, or other corpora
tons or private persons, and an out
rage on the rights of the entire body
polite. 1t seems almost pity that
the men who enacted the law could
no. all have been favored with bro
ken necks from railroad accidents on
their way home from Harrisburg.
An English lady recovered $40,
900 damages from the Midland Coun-
ty Railroad Company for the killing
of her husband in 1851, occasioned
by collision. The deceased was a
lawyer thirty-eight years of age, with
an income of $40, 600 year. In the
case of Britton against the South
Wales Railroad Company verdict
Of $40, 900 was sustained. Prior to
the injury, which was permanent,
the plaintiffs income, from his pro-
feosional services, was $3.50 a year.
His age is not stated. In another
English case, a commercial traveller
who was injured by railroad acct
dent, so as to permanently disable
him from resuming his business, was
awarded his annual income, which
was $4,000, with compound interest
for twenty years-the period of his
expectation of life" according TO
the insurance tables. Such a com
putation at ten per cent interest, the
rate in this State, in like case,
would amount to about $4,000. In
another English railroad case SO,
900 was awarded for the killing of
boy under twelve years Of age.
Although in England the rate of
interest is not SO high as it is here,
yet for the purposes OF supporting a
family, considering the comparative
cheapness oflabor and the necessa-
ries of life, 81 900 there is worth 50,
900 here.
In the case of Boyce "a laborer)
against the California Stage Compa.
ny a verdict of SIC, 500 was sustained
by the Supreme Court of that State.
Boyce was permanently disabled and
disfgured, he was a strong, health
ly man prior to the injury. His age
is not stated in the report of the case.
There are two Massachusetts
cases, one against a railroad compa
ny in ls41, and one against the city of
Boston in 1854, where verdicts were
given for $l2 900 in each case. In
another railroad case in 1855 yer
dict for $4,000 was sustained. In
In 1857 in the case of Shaw against
the Worcester and Boston Railroad
Company, reported in the 9Th of
Gray, in the action for damages
against the railroad corporation by
woman who, being struck by their
locomotive engine, had lost one arm
and the use OF the other, and been
otherwise much bruised and injured,
SO as to greatly impair her health
and memory, and put her in constant
pain, the plaintiff at different trials
obtained three verdiots, $4,000,
SIS, 900 and S22 500 respectively, the
two first of which were set aside for
errors in the instructions of the pre-
siding Judge, and the third verdict
for S22 500, which the company
sought to have set aside for the rea-
son that as they alleged the damages
were excessive" the Supreme Court
of that State sustained, and gave
Judgment against the company for
the amount found by the jury. ~
In this State in the case of Collins
vs. Council Bluffs, the Supreme
Court, at the June term, 1871, re-
fused to set aside or reduce as exces.
sive verdict of SIS, 900 damages to
a woman for severe injuries suffered
through defects in the sidewalk, but
afterwards, upon rehearIng, the
verdict was reduced to $1,000,
Judge Beck dissenting, and persis.
ting in his original opinion that the
court ought not to interfere with the
award of the jury in that case.
Other cases, no doubt, might be
fnuuI hxy n EttIn ;oyoat;co.to, De-