The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-01-19

titled 70 retain and enjoy each and every
power of body and mind with which he
or she has been endowed, and no one, with
out being answerable In damages, can
wrongfully deprive another. by a physical
injury Of any such power or faculty, or
materially impair the same
LOSS OF TIME.
There may always be a recovery by an
injured person for the value OF time lost
during the period Of his disablement. Where
the person occupies q salaried position, or
receives compensation for his services
at a fixed rate, the value Of the time loet
may easily be estimated. And, though
the cases are not all agreed. the preferable
doctrine is that an employee or servant
may recover for his time while disabled,
though his employer or master does not
stop his salary or deduct his wages while
absent from his duties. This liberality
on the part OF the employer, II Is argued.
Is intended for the benefit Of the employee
IL the employees right OF recovery were
reduced pro fdnto by any amount received
a. salary. or wages while recovering from
his injuries.
Where a person injured docs not occupy
q salaried position. but Is a doctor, lawyer.
member Of a mercantile co-partnership, dc:
the value OF his time must DO ascertained
from his past earnings, or the nature and
extent OF his bu~siness-care being TAKEN.
In the latter case, 10 exclude consideration
VI ultOfuc IfOtu Investments, OF DIOllNS ~
respective of the party's personal exertions
or attention TO business,
IMPAIRMENT OF CAPACITY.
There may be a recovery on the score
OF impaired capacity N earn a living. in
addition to the value OF time lost as stated
In the preceding paragraph, where TIRE
injuries have produced such result. The
proper amount Of damages for this item is
ascertained 10y a comparison OF the party's
Jennings, OF capacity for work, before and
after he accident. When this has been
shown, and the difference per year esti-
hated, the measure OF recovery then be-
comes a very simple calculation. II In not,
however. as some courts have held, such an
amount OF money as would. at legal inter-
est, make up the deficit caused by the In
juries. for this would at the party's death
leave the principal untouched. But a plain
tif, in such circumstances, should be given
an amount merely sufficient TO buy an
dnnriip for his life, equal TO the difference
In his earning capacity before and after
tho injuries.
MEDICAL ExPRHsEs-TRAvEL ron BENFfIT
OF EALTH
A person receiving bodily injuries may
recover from one who wrongly infiicts them
for expenses incurred in the payment OF
physicians or surgeons fees, medicines and
nursing. And the rule Ia, furthermore.
that expenses OF travel In visiting health
resorts. sanitariums or places where special
tItnlI1CnN tan 10 oDtaAIltN, tIt AZ NiAo FoitiS
category as medicines, nursing and medi-
cal or surgical treatment. II. therefore.
such a course IL reasonable and proper In
order to expedite or render more certain
or complete a recovery. q victim o. per-
sonal injuries may 60 to Florida, the Ber-
mudas or Carlsbad, and require the wrong
doer TO pay the bill. Thus, a woman who
had sustaine ed an injury suggested TO her
local physician that she 90 70 a sanitariun
in another State for electrical treatment,
- -l.-s..- .,Iltn. la that ~ would hQ
q good idea, and that IL might improve her
general health The patient. thereupon.
packed herself and her sister OF to the sani-
tarium. where she stayed for six months.
A recovery was permitted OF all amounts
paid for medical treatment, travelling exc
penses and board for six months, includ-
ing also the board Of the plaintiffs sister.
Il appearing that the plaintiff + condition
was such "a TO render II necessary and
proper that she should have an attendant
YuTuR CONSEQUENCES.
There can only be a single recovery for
personal injuries sustained in a particular
accident. although, Il may be, unexpected
consequences develop after a judgment
has been obtained. II 10 proper, therefore,
for the jury to give damages, not only Tor
the injuries shown at the time OF the trial.
but also for such as from the evidence are
reasonably certain 20 be endured In the
future, az a result Of the original event,
II frequently happens, accordingly, that a
plaintiff Is allowed 20 recover for future
physical suffering. future mental anguish,
future medical expenses. &c. &c.
EXEMPLARY Or PUNITIVE DAMAGES.
Where personal injuries are due 10 gross
negligence. or such wantonness as evinces
a conscious Indifference 10 consequences,
the law saws that the responsible party may
bA required 20 "a punitive or exemplary
Dana ees, In addition 20 damages for com
pshsation merely. Such damages have
also been sometimes called smart money >
When damages n a punishment may be
given, Il IL interesting 10 observe that tho
Jury are a. liberty 10 consider tho defend
ants pecuniary ability 10 pay-fOr, II 10
logically argued, n damages are 20 10
inflicted a. a punishment u should he as
certaihed what amount will In fact punish.
adequately but not fmmOderdfoly An
amount which would be proper Tor this
purpose In the case Of a poor man, OF one
Of moderate means might he wholly IN.
sufficient ~ applied 20 a very wealthy and
opulent defendant, and an award 81 damages
which would be only adequate ~ the case
81 a rich individual would be unjust and
excessive v here the defendant sas meagorly
supplied with this worlds soods
IL has bssn dsclhrrt that he dlsirlno
81 punitive damage l. reui. ulaHy sAluiary
Ia its application 60 Cofpofail"nh h'is
u but ons vulnerable point about thots
IDEAL a~Glsianoes Onlls1 CnfpnrhflOrf ~
las been said sand that 10 hs psokd u
IA MOnfpfd goueF ihhi lr 'uh''ateu 80
lind them : n that IA reached
thsV ell naos
a. an action against he Pullman hlscpinF
Car Company m tho biHtu " hiHsssl 80,
ln Nhlrh punitive damages Ncfu sougli
II vas bold that The corporation mlShf
h. T~equifut a. state The afuuuni - 80 pad
% capital at1os 10 asssis aud llnsl|ufn
~ sufplus otei AID aissRs az lAsllii'n,
What dividends had busn PAID g. fIn'h
knldrrs Toe . Iarud q hFu hsafu 80 400
hos paid sas ~ c1ufsr s-fnnuuonsf
obl-oioi on ths Jar ~ tss o,rpefstun
that fhs inflammation desired uaa De- 90
,ais busllss shlnh d Should 100 D. o..
auHsl a. dasriass hst uau ipnli h"Hl
suul farfs IHnIsf 80 uhS aii"h
uf nls JOY a. ed tbHm iH lri rfminiis
uhaf snuld o. q lrUlrf 'Hiiafs 300
.ahnaunf fuf uf uHrHlaif HiaHl
.nsthIs H%uIutffiu Ih Huaf i~hhsnhti
IsgNNI tAnfH
IA . psl liasn iHFa 49, . FHi
At O. tsn aINUuI IfiH 90 thH
~ .nl4ifs A. = pHfsaH naHss HH Ht
tsfrsf uaHur rif fI1 D. 80 o.
u.alsaug go auH tgiaV nrail
n az .sahiig M be- shf Hi'
ba.s uf aHluiH Hffn 81 fHa
80 .H#.H L. HMH".H