Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1902-08-01

dent did happen, as q matter Of law
and a matter of fact, the danger was
and imminent. To 30 hold
would absolutely deAtroy the legal eff
feet of the masters promise under the
rule stated.
Conroy ". Vulcan Iron Works. 6
Mo. App. 102.
Under the facts of this record II
was for the jury to say, under the rule
stated, whether the danger was SO i'm
minent and immediate that the res
pondent as a reasonably prudent man
would have refused to continue
IN the service Notwithstanding appel |
lant's promise to repair, and whether
ne did continue under such promise |
such a period of time as to preclude
all reasonable expectation that the
promise would be kept.
1t is next urged by appellant that
the damages awarded are SO excessive
as to appear to have been given under
the influence of prejudice. There was
evidence showing that as the result OF
the accident the respondent, who was
about thirty-si years of age, received
q blow upon his head, causing per-
manent partial deafness of the ear,
a burn upon his right leg, burn and
bruise upon his arm, two ribs broken
from the sternum and depressed upon
the lung, permanently painful
strain, and separation of the muscu-
lar fbres of the back, rendering it
permanently weak, and causing lat
eral Curvature of the spinal column,
permanently disabling respondent
from following his avocatiOn as To-
connective engineer, or performing or
binary manual labor. There was also
evidence tending to show his earning
capacity as a locomotive engineer.
The jury were justified in taking into
consideration all these facts in esti-
mating the amount of damages, not
withstanding there was evidence tend
ing to show that the injuries were nei-
Their SO extensive, permanent or pain
full as claimed by respondent.
There being no absolute fixed leg
! al rule of compensation, appellate
| courts ought not TO interfere with the
verdict unless it clearly appears that
| there has been such mistake of the
principles upon which the damages
were estimated, or some improper mo-
tive or bias indicating passion or pre-
judice upon the part OF the jury"
Solen v. The v. & T. r. R. Co., l;
New. 1873.
i Taking all these facts into consid
Grafton, we cannot say that it clearly
appears that there has been such /;
: mistake OF the principles upon whicl
TIE damages were estimated, or SOM
improper motive or bias indicatin,
passion or prejudice upon the part o
: the jury.
, THE amount of the verdict-al
though perhaps greater than We woul'
have given-is not in our opinion in
consistent with the exercise of an hol
est judgment upon the part of the jur
whose special province it was to dc
termine this question.
1 Solen " The V. & T. 4, r. c.
SUPRA
An examination of the other a:
signments relating to the exclusiO
: and admission OF evidence convince
: us that they are without merit an
} therefore require no notice in thi
: opinion.
: The judgment and order appeale
4 from are affirmed.
e We concur.
l. Massey. c. J.
, Belknap. J.
l. | dissent: In two instances fat:
t errors were committed at the tria
d % Appellants motion for contin
ance should have been granted. tt
o showing therefore being sufficien
The case cited in the prevailing OPT
F.: ion. towit: ! New. 70. Choate V. Blu
0 lion Co, is against instead of in fay,
OF the doctrine ii is cited to supper
I. and 90 in several instances appe
lant's testimony was enormously II
6 ed out. Fitzgerald, J.
Filed July 81, 1902
p Eugene Howell.
Secretary of State and ex-officio clel
3 of the Supreme Court.
Filed with printer for official pub
t cation July 81, 1902
Eugene Howell.
I. Additional local news VIII be -four
on the first page.
A Piute stabbing ARRAY at Reno la
night gives promise that the WOundt
): redman will soon be in the happy hun
X. ing grounds.
5 Senator Gallagher of Lyon coun
reports the farmers of that local.
"a enjoying prosperity. but annoyed
n lack Of laborers. The senator sa
e. there are plenty of white men dow
s. there but they are all running for
Is fee and too busy to work in the h;
a fields.
s.
It. n