Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1879-12-11

into account, including loss Of time Of the
husband in giving his wife proper care, and ex-
pense OF proper medical attention. OF course
il allowance is to be made for loss of services
OF the wife to the husband on account of sick
ness Of the wife, nothing should be given tor
help about household affairs which she would,
but Tor The accident, have performed.
Damages upon the grounds already men
toned are subject TO tolerable certainty, de.
rived from evidence and mathematics but
now come to another question, which must be
left very much 10 the sound discretion and
judgment of the jury. | refer to pain and
suffering Of the body and anxiety of mind du-
ring sickness caused 10y the accident, and ouch
personal inconvenience or lameness and inabil-
ily TO perform rs much labor as formerly, Of
such YOU find the fact to he), as has been
caused by the accident since Mrs. Prldeaux
has been able to use her limb.
Under the foregoing Instructions, If you find
her present and probable future condition at
trbutablc to the accident, Won can and should
take such condition into Account in assessing
damages.
| have mentioned all the conditions which
properly enter into the assessment of DANA
ges. | have told yon, and repeat 10 prevent
mistake, that if You find the defendant liable,
ii is liable at most for all injuries and damages,
including sickness, physical and mental suffer
ings caused 10y the accident, and if you think
the crippled condition OF Mrs. PrideauX, snce
She has been able to use her limb at all, and
her probable future crippled condition the re-
suit Of the accident, with ordinary caution
aud prudence upon her part and the part of
her husband in her care and treatment and OBJ
tanning medical and Surgical aid, you can take
such condition into account also"
In relation 10 damages for pain and suffering
and the crippled condition Of YOU give any
thing on account of crippled condition IN view
of the evidence and the instructions which
have given, us | have said, your own good
sense and Judgment must be your guide, and
SO long as you exercise such sense ana Jud1
ment your conclusions will be fiEal.
1t is only when juries render verdicts for
damages which are clearly excessive or made
quate--too much or too small in view of all
the evidcnce-that courts interfere and set
them aside. So that you see that your power
Is not unlimited. You should disregard all
appeals and considerations which are not
properly to be considered as grounds for dam
ages, and be governed by such considerations
rs good sense and Judgment dictate, and II
You are, so that it will not clearly appear that
YOU must have been governed by passion or
prejudice, or been wanting In intelligence or
proper understanding Of the grounds upon
which damages may be given under the mi
s,ructons of the court, your conclusions vii
be final.
Instruction asked by attorneys for
the defendant, but refused by the
court:
The plaintiff in this case cannot
recover for any permanent injuries
except such as are the ordinary and
probable results of the injuries rem
dered, and if the plaintiff, Mrs
PrideauX, is now suffering from per-
manent injuries, which are the re-
suit of the want of proper treatment
by the attending surgeon Of the in
juries received by her at the time OF
the accident. and might have been
prevented by proper surgical treat
ment of such injuries in that case
the plaintiff cannot recover for the
permanent injuries resulting from
such improper or insufficient surgi-
cal treatment.
Those parts of the charge of the
Judge relating to The point of the
instruction asked and refused are
in quotation marks.