The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-01-19
FOR INJURIES.
ron WHICH VICTIMS MAY
OBTAIN COMPENSATION.

mont ef Health and BODILY Functions
Loss OF Time -tmpairnicnt OF Earn
ting Capscity-Damages ~ q Punish
mept for Negii gence. In Addition
10 Compensation 10 Injured Party.
II must be everywhere admitted that
noney IL an adequate recompense Tor be-
reayement or for permanent or even tenn
porary personal injuries. Few persons
would In advance voluntarily agree to
undergo a painful and serious mental or
nbysicsl ordeal for any amount OF pecuniary
reward. But when injuries have already
been sustained, when the blow has ire
vooably fallen. then II becomes an interest
ing and oftentimes a very important con-
s!deration-what recovery does tho law
allow?
COMBINATION II RULE.
In the first place, It should be observed.
the genera, rule which the law preecribes
4. eompcnsaion TO the injured party. That
"a. the victim Of physical injuries wrong-
fully or negligently inflicted should as nearly
a money will do II be- made ,rhole. This
"a. of course, impossible where one has lost
a limb. been manned for life or has sus-
tained any permanent impairment Of mental
or bodily functions. 1t Is also impossible
to measure In money physical or mental
suffering. "No method has yet been de-
yised or scales adjusted" it vas declared
In a recent Virginia case, by which to
measure or weigh and value in money the
degrees OF pain and anguish OF a suffering
human being, nor ever likely to be- And
on another occasion where the action wa
for the loss Of a foot by a little girl s years
old, the Court said. The amount Of injury
sustained by an infant cannot be reckoned
or calculated by any rule of arithmetic any
r,ors than her body can be made whols by
dollars and eeais."
The result Of all this Is that the law leaves
the amount Of recovery in personal injury
cases almost entirely to the discretion of
the jury. and the Judges do not or should
not interfere unless this discretion Is abused.
or. as the rule Is stated. unless the amount
Of the verdict IL so large or SO small as to be
Indicative OF partially, prejudice or oor-
rupton' IN the part OF the jury.
PHYSICAL PAIN.
In an action for damages for peraonal
injuries the universal rule Is, II q recover
Il permitted, that damages may be given
for the bodily pain and suffering due 70 the
injuries sustained.
Physical pain Ia not, Of course, susceptible
~ measurement by any pecuniary stand
<rd. but this circumstance Is no ground
for denying such pecuniary relief as the
law Is capable Of giving. The jury are not
permitted, however, to attempt TO com
Ysnsate the plaintiff for this element Of
Injuries, in the sense In which that term
u employed with reference to pecuniary
losses, or damages which can be measured
IN money, for the simple reason that such a
thing il impossible. Compensation In
wolves the notion Of an equivalent-liter-
ally. the weighing OF OF one thing against
another.
We have all heard Of men who, after
losing IN arm or a leg. still continue, as
they say, TO feel pain In the lost emb
The Court Of Appeals Of this State not very
long z held that q plaintiff whose arm
had been amputated as a result OF the in
5uries received might recover for physical
from or to be In the hand and the ampu-
tated arm Physical pain, II was said.
was no less the subject Of consideration
because the location OF Il was deceptive
MESrAL SUFFERING.
This IL a subject which has given rise
10 extensive judicial discussion, though
4 has long been settled that there may
be q recovery for u mental suffering
as Is attendant upon and an inseparable
Of physical pain. as well as. In
proper GASES, for an injury which operates,
primarily only, on the mind or nervous
sys, sm. A persons mind, IL has been
we'd said, is no less a part Of HIS person
than his body; the sufierings OF the former
are. indeed. often more acute and lasting
than those Of the latter.
But there cannot, as q rule, be a recover
for mere sympathetic mental suffering
Othsrwiss, when a passenger was injured
on q railroad train, every friend and even
The company And the same rule holds good
~ the mors intimate relations Of life. A
husband oannot recover for his own mental
suffering for physical injuries 20 his wife,
Dor . parent Tor injuries 20 a child. though
II must be admitted In such oasss that tie
sympathstio suffering n often both real
A rather pathetic case vas where . hus-
band and father, severely injured In a rail-
road wreck, endured the keenest anguish
~ tbs apprehension that, by reason OF tbs
Injuries received he would not be abs 70
SapPot his family " The future u .as
mental suffering Of this nature. In the
same way there a 10 no recovery Tor
alarm and AnHisty for thu safety ~ otlers,
h~ssligsntly placed In Jeopardy, although
the mental stress And shock may be ~
sssrTs a. seriously 30 impair tts health
T1s~ may alsays, Lo~eysf A. hAs
MANNN ~
such mslsi4l suffering - Invariably 40
companies physical palm 4 nldued, u u
~ hls phl si0al paln tsch
n ALA propeI tof the Jury 20 o~oflAlasf
thai oAAIaitsT ~ uanntal anguish WHOM
IssIlta fTom . Consciousness and oon
tsmp.atlon ~ tho alsf0pFsasa 81 oIes
Efuon, A llAlniin may recover ias
Lssh l.sld, ~ dsdonnhy % .mpaumeft
~ La physlaal sytnmsiv' A woman
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