Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1879-12-12
close what | have to say upon this
branch Of the case. by saving that ordi-

usually observed under similar circum-
stances. IL is less than that which
persons of great caution and prudence
usually observe under like eircum-
stances, In other words, more caution,
than slight care; less than great and
extraordinary care more than the
careless and indifferent observe, and
less than persons OF great and extra0r-
binary caution and prudence observe.
submit the question already allud-
ed to, 10 you upon the rules already
given without any attempt To be more
minute because presume that you are
at least men Of ordinary intelligence
and observations, and that if you have
not had much experience in building
and constructing highways. YOU have
had in travelling them, and that when
YOU have fixed III your mind how this
road was in reference to the condition
II. the south side Of the road you viii
te able 10 draw Il conclusion as to
whether or not the street was suffered
to be in an unsafe condition. 1t Is IN
observation which hardly need make,
that il will not be sufficient that you
find ~ reasonably safe or sufficient for
safety Of travellers travelling with Ordi-
NARY care IN ihr day Time, Dut safe Tor
those driving with ordinary care 1T
such times " days or evenings and I'M
dor such circumstances as you lind IT
was being travelled by the PARTIES in
question.
Upon The other main question referred To-,
whether the driver was or not Rtlllly ol want
Of ordinary care ut the time and under the
circumstances, ] may cmallS that when AL
HE circumstances surrounding II transaction
are Hsccrluincd or known, mind Of ordinary
Intelligence and experience will nsualy draw
correct conclusions rs 10 whether or nal The
person 10 whom want Of ordinary care Is I'M
putcd wlS guilty Of II or not.
II may be thought that The person whose
conduct Is being examined WAS negligent In
some slgh degree, or Of slight negligence, or
did not do Whist persons ol great caution
would have done. Tint Is not enough tn pace
him IN such fault ~ prevents recovery on
account of gligcurG upon Ills part causing or
conlri ulng 10 IN accident aud injury lbs
nre igcuCc mast be create than this he must
pusH the boundary llne, no To speak, between
SLIGHT negligence and the want Of ordinary
care, aud be guilty III some degree 81 The lat'
trr " he dors 70 he is IN such fault that
lhoAc who have To rely on his exercising ordl.
nary care for hi- and their safety cannot re
cover.
will now puss In the question Of damages
and give you some instructions for your guid
aucr, should YOU reach The question::
"Urdmury, The party found IN drlnul "
liable lor all il images resulting from nj acct.
dent and injury directly caused ny the ianlt
of such party IN other world, OF which huch
lnuli Wus the primary and first and direct
pHll,c, and such rs rerull--wilh proper treat
mrn from the accident do not mean In
bny HAT The fact ulouc, If such IL be, That The
onli Ol treatment, medical or otherwise, dld
mol produce ns favorable results OF H. perfect II
cure NJ might ordinarily BE- expected, excludes
lhu mrly from full compensation lot all re.
suits ui which tile Injury was the primary ana
direct cause. Here again the exercise oi or u
nary care w. required tas indeed It is III NIL The
affairs Of lic) on the parl of the person injured,
IN procuring proper care aud medical lftht
menl aud assistance, aud such care l. mol only
required upon her own part, but on The pnrt
of thosr who nct for her, or In tnking care oi
hen ind procuring proper medical treatment"
| viii now proceed to give you other rules
On The pnblcc OF damages m tho light OF what
have just sud upon the subject; and WIZ
llret tay what Is proper In relation 10 damages
for her condition In The past
,tlss of time or service 10 her husband should
be taken Into account. Expenses In procur-
Ing proper personal attendance and care nf The
patient during nIclncRs should nno hr taken
into account, including loss OF time OF lhe
husband IN giving ms wife proper care, aud cx'
penru Of proper medical attention. OF con,sc
II allowance IL 10 be made for luss of services
of the wife 10 the husband on account of sick
nrss of the vile, nothing should br given for
hep about household affairs. which che would,
but Tor the nccidrht, hnvc performed.
Damages non the grounds already men
toned ~. subject 10 tplcrnbe certainty, dc.
rived from evidence and mathematics; bul !
now come 10 another question: which must 10
lcll very much To the sound discretion aud
Judgment ot the Jury. ! refer Ia pain and
al ..,i, nI In al IA M t.I a
ring sickness caused by the accident, md such
personal Inconvenience or lamcncss aud nuhll,
ily TO peri rm rs much labor rs formerly, W
such You ilnd the lact 10 bel as Inns been
caused by the accident Hincc Mrs. PrldcnuX
has been able to usc her limb.
Under the foregoing Instructions II You ana
her present mud probnh y future condition nj
tuhmnble To the nccidcnl you can aud should
take such condition Into account III assessing
damages,
Mt q mentioned all the conditions which
property cutter Into the assessment of DANA
gus, have told snn, Nnd repeat 10 prevent
mlvukr, that II you llud the defendant liable
Ii Is liable nj most Tor all injuries aud damages,
Including sickness, physical ana mental snilcr
ings caused by the accident, and II Yen think
the crippled condition ol Mrs, PNdeunN, mcc
che has hrun abe to use her limb n AL, and
her probable future rlIppcd condition the re-.
sun ul The accident, saith ordinary caution
and pludunrr upon her part ana the lMrl ~
her husband III her care aud treatment aud %
tanning medical aud surgical aid, You can take
such condition Into account nlcp.'
In relation TO damages for pain aud suffering
aud the crippled condition Of You give any
thing IN account of crippled condition IN view
ui the evidence and the Instructions Which, !
hive gycn, Us have said, your own GOOD
ecnaG md Judgment must be your guide, and
80 lung MS YOU exercise such ecnse and judg
mcul your conclusions viii be final
II IL only when jurlus render vstdlets for
damages which are clearly excessive or ina r
quntc--too much or too small In View of all
the rvidrnCc-t liut courts Interfere and set
them aside 80 that you see that Your power
IL not unlimited. You should disregard all
appeals aud considerations which arc not
property IL br considered Ms grounds for dam.
ages, and DO governed by such considerations
rs good sense and Judgment dictate. and "
you are, NJ that II will not clearly appear that
you must hive been governed Ivy passion or
prejudice, or been want, 4 IN Intelligence or u
proper understanding OF the grounds upon
which damages may be given under the IN
strucliOns Of the conrl, your conclusions VIII
be final.
Instruction asked Ivy attorneys for
the defendant, but refused by the
court:
l.. ,t., .,,a., .,an,Nt