The daily morning journal and courier., 1902-05-17

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 or ones physical strength or bodily
 powers or capacity for enjoyment of life
 lessened, the damage should be increas-
 ed on such account in an amount req
 sonably proper. Tt may properly be
 assumed" it has been said in this con-
 nection, that every physical endow-
 ment, unction and capacity is of inn
 portance in the life of every man and
 woman, and that occasions will arise
 for the exercise of each and all of them.
 And to that extent of which any func-
 ton is destroyed, or it's discharge ren- ldered painful or persons by the wrong
 full infiiction of personal injuries, is the
 party complaining entitled to dam lages.' Every person is entitled to re- tain and enjoy each and every power of body and mind with which he or she has been endowed, and no one, without being answerable in damages. can lwrongfully deprive another by physi- cal injury of any such power or faculty,
 or materially impair the same"
 l. There may always be recovery by
 an injured person for the value of time
 lost during the period of his disable ment Where the person occupies sal
 oried position, or receives compensation
 for his services at a fixed rat?, the value
 of the time lost may easily be estimat-
 ed. And, though the cases are not all
 agreed, the preferable doctrine is that
 an employe or servant may recover for 1 his time while disabled, though his em- poyer or master does not stop his sal
 ary or deduct his wages while absent 1 from his duties. This liberality on the part of the employer. it is argued, Is
 intended for the benefit of the employe
 not the wfongdoer as would be the re-
 suit if the employees right of recovery
 were reduced pro canto by any amount
 received as salary or wages while re-
 covering from his injuries Where
 person injured does not occupy sal
 aried position, but is a doctor, lawyer,
 member of mercantile partnership,
 etc, the value of his time must be as- certained from his past earnings, or the nature and extent of his busiffess-care being taken, in the latter case, to ex-
 cude consideration of income from in- vestments, or profits irrespective of the
 party's personal exertions or attentions to business.
 There may be recovery on the score
 of impaired capacity to earn living, in
 addition to the value of time lost as stated in the preceding paragraph,
 where the injuries have produced such
 result. The proper amount of damages for this item is ascertained by a com
 parison of the partys earnings, or ca- pacity for work, before and after the accident. When this has been shown, and the difference per year estimated, the mea sure of recovery then becomes very simple calculation. It is not, how ever as some courts have held, such an amount of money as would at legal in- est, make up the deficit caused by injuries for this would at the par tvs death leave the principal untouch- ed. But plaintiff, in such circum stances. should be given an amount merely sufficient to buy an annuity for his life, equal to the difference in his earning capacity before and after the injuries.
 person receiving bodily injuries may recover from one who wrongly in- | ficts them for expenses incurred in the 1 payment of physicians or surgeons fees | medicines and nursing. And the rule is, 1 furthermore, that expenses of travel in visiting health resorts, sanitariums or places where special treatment can be obtained. are in the same category as medicines. nursing and medical or sur gical treatment. If, therefore, such a ! course is reasonable and proper in order to expedite or render more certain or a recovery, a victim of person al injuries may go to Florida, the Berr mudas or Carlsbad, and require the wrong -doer to pay the bill. Thus, a woman who had sustained an injury to her local physician that she go to a sanitarium in another state for electrical treatment, the physician telling her that, "it would be a good idea, and that it might improve her general health" The patient, thereup- on, packed herself and her sitter off to the sanitarium, where she stayed for six months. A recovery was permitted of all amounts paid for medical treat ment, travelling expenses and board for six months, including also the board of the plaintiffs sister, it appearing that the plaintiffs condition was such as to render itn ecessary and proper that she should have an attendant.
 HtTt can OIly De q SiHBle recovery 'or personal injuries sustained in a par -icular accident, although it may be, consequences develop after l judgment has been obtained It is proper therefore, for the jury to give lamges, not only for the injuries shown l It the time of the trial, but also for uch as from the evidence are ason- Ibly certain to be endured in the fu- ure. as a result of the original event l t frequently happened, accordingly t hat plaintiff is allowed to recover for z uture physical suffering, future mental $ nguish, future medical expenses, etc.
 Where personal injuries are due to | TOSS negligence, or such wantoness as ! vinces a conscious indifference to con- f the law says that the sspon- s ible party may be required to pay Y unitve or exemplary damages, in ad- c ition to damages for compensation | lerely. Such damages have also been V ometimes called smart money" | When damages as punishment may q @ given, it is interesting to observe | hat the jury are at liberty to consider r he defendants pecuniary ability to pay | for, it is logically argued, if damages W re to be inflicted as punishment, 1t z lould be ascertained what amount will c ! fact punish, adequately but not im- ti loderately. An amount which would be e.. Al,a