The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-01-31
of the negligence of both the railway

Of the negligence of both the railway
company and of Wilson, as charged.
IF you find for the plaintiff, you cannot
allow him anything in your verdict for
medicine, medical attendance and nurs-
ing, as no evidence has been Offered upon
the same
You are further instructed, that If
you find for the plaintiff, you must not
include in your verdict any sum as dam
ages OccasiOned 10 the plaintiff by reason
of the death of his sister or injury to his
wife referred 10 in the evidence, or for
any damage caused by mental anguish,
grief or sorrow caused by the death of
his sitter or injury 10 his wife
You are further instructed, that II you
find for the plaintiff, then the measure of
his recovery is what is denominated COM
pensatory damages, that is such sum as
will compensate him for the injury sus-
tanned.
I'm determining the amount of your
verdict, you may consider any pain and
suffering naturally and directly occasion
ed by, and necessarily arising out of the
injury complained of and received by
him, If any, and also such prospective
pain and suffering as you find from the
evidence will directly and naturally and
with reasonable certainty result from and
arise out of such injury in the future, il
any; and, you may consider to what ex-
tent, if at all, his capacity to earn live
hhood has been impaired solely and d.
rectly by such injury, and whether such
is in its nature, permanent, and how far.
if at all, it is reasonably calculated to-.
and will with reasonable certainty impair
his capacity to earn a livelihood in the
future; and, after considering all the evil
dence, you may allow him such sum as
will, in your opinion, under the evidence,
be full and fair compensation to plain
tiff for the injury. not exceeding twenty
thousand dollars, the amount claimed.
you are further instructed, that if you
find the issues for the plaintiff, under the
evidence, and find that before the acct
dent in question, the plaintiff was pre-
disposed to, or suffering from some dis
ease. and that such disease has been de-
veloped or intensified by the injury com
planned of and received by him as charg-
ed, if any, the plaintiff would still be en-
titled to recover herein for any injury
complained of and received by him as
charged, resulting directly and proxf-
mately and solely from the negligence
charged. although you should find said
injuries are more serious and greater
than they would have been If plaintiff
had been free from such disease before
the accident: and in such case, It would
be no defense that said disease has been
developed or aggravated by any injury
complained of and received as charged,
at the time Of the accident in evidence.
you are the exclusive judges Of ali the
facts appearing in the case, of the weight
Of the evidence. and the credibility OF the
witnesses. and in considering the weight
to be given to the testimony Of any wit
ness. you may properly consider the inter
est Of any such witness in the result Of
the trial, his apparent candor or lack OF
If, his demeanor upon the witness stand.
and any other circumstances properly ap-
pearing IN the case.
''If you should find that any witness has
wiIfuIly testified falsely to any material
fact, you are justified in disbelieving all
that such witness may have testified to,
unless such witness IS corroborated by
other witnesses whom you believe"