The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-10-23
SING DAMAGES.

The Cou ri of Appeals i'll New York has
now to decide VITA is fair and what an eX-
azgerated valuation Of biighted affection.
Readers Will remember that three years ago
Miss Mary Campbell OF Ohio sued Arbuckle,
the coffee man, for breach of promise, and
recovered $4,000 damages. AT the time the
verdict WAS considered high, as there were
10 agEravating circumstances and as Miss
Campbell was not by any means gushing
maiden, but was a mature SpinSter OF 40,
quite able to take care Of herself. II was
evident that the jury was minded to punish
AIbuckle, who had trified with the lady, and
was well able TO pay The penalty of his
frOiic.
ArbuCkle appealed, on the ground of ex-
cessiye damages, and the case has just been
heard at Albany. The only question for the
court is whether $4,000 is tCO much to re-
quire defendant to pay Tor breach OF con-
tract of marriage. In other cases Of breach
Of contract the plaintiff is expected 10 show
the amount of loss which he has sustained.
He produces expert witnesses, who testify
that if the contract had been faithfully per-
formed be would have realized So much
money, whereas its breach has caused him
10 Lose so much. and the jury is guided in
assessing damages by this testimony. In
The ATbuckle case no such eXI EFT testimony
was adduced Miss Campbell called no
witnesses to testify that her heart had been
laceTated to the tune OF $4,000, nor did Mr..
Arbuckle summon any witueSS to swear that
plaster of 5000 sioud suffice as balm
for mature spinsterS feelings. The whole
subject was left to the jury, and they,
concluding that Arbuckle had behaved very
badly ard that he was abundantly able to
pay, assessed the damages pretty high.
If the jury's verdict is confirmed by the
Court OF Appeals a new step Will have
been made in the valuation of things not
generally assessabe in money. In the
state If New York and in some other
Eastern States there is a law which limits
The damages that may be collected from
railroad company for killing man III an
accident to 5000. That law does not pre-
vail in this State, but its spirit generally
governs juries in assessing damages arising
out OF railroad accidents. But By curious
process of reasoning it has come to be set
tied doctrine of law that a larger sum than
$500 may be collected from a railroad COM
pany for injuries not causing death; thus
part is more valuable than the whole. In a
recent case the Market-street Railroad Com
pany was mulcted in $4,000 damages for
running over boy and lDjuring his arm.
Cases arising out of breaches OF implied
contracts to carry only indirectly govern the
law of damages arising out of breaches of
contracts to marry, and attempts TO recon-
Gle the two classes Of breaches lead to con-
fusion If Miss Campbell had been killed
in an accident on railroad Owned by Ar
buckle her heirs could only have recovered
5000 for her killing; it thus appears that in
New York a wOman's heart is worth nine
times as much as her life. If, without being
killed, she / ad been disabled, and had lost
the Use Of an arm or a leg, it would seem
that she might have recovered more; but in
that case she would have had 10 show that
the injured member was disabled from per
forming its normal functions. In this case
it does not appear that Miss CampbelPs
heart was so injured that it is incapacitated
from action or deprived OF the power of
feeling emotion hereafter and yet she gets
more than she would probably have recOv-
cred if it had been her leg which had been
Arbuckle's victim. These things are puz-
Zlnp