The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-07-18
DAMAGES
FOR SAILOR
lnter.lsIand Must Pay
lOrenzen for
Hurt.
eFnm wednesday, doily)

Judge Esiee rendered his decision
yesterday In the case of Hans Lorenzen
vs.. Inter Island Steamship Co. award
ing plaintin damages In the amount Of
t2s4O for injuries received on the steam
err Eoeau. Borenzen sued for tl0.240
being damages for the injury, including
loss Of wages and cost of medical at
tendance. The court, In its opinion.
goes into the evidence in detail and
finds that the first mates injuries from
the sling load OF sugar was not due to
his own negligence, but the warnings,
IL any, given by defendant were not
heard by plaintiff In conclusion the
court says:
That the injury to libellant was caus-
ed by the improper handling OF the APP
planes and gear of the Noeau by the
officers and crew thereof, who had eX-
elusive control OF the same in the
transfer of this sugar is plain, after a
consideration OF all the evidence; and
the fact OF this exclusive control il an
important element in this class of cas-
81. (Miller VIZ. q. $. s. Co, 1lS n. Y,
20S-a: Cummings VS.. N. +. Co, 60 Wis,
6l2; The Robert Levers, Estee, j., y. !,
Z; The Robert Levers, ia Fed. Rep,
SAD And especially 10 this so In view of
the fact that the court Is unable to hold
that there was contributory negligence
on the part Of the libellant.
Now, as to the amount of damages,
There is no question as to the injury
to the libellant, and he is entitled to
some damages not alone for the pain
and suffering produced by the injury
but also for the possible length of time
that he may be incapacitated from pur-
suing his calling of seaman.
10, 4 ,I.,s \
acting as first officer Of the Irmsard, at
Il salary of $50 per month when the ac-
cident occurred; that he was physically
q sound, well man when he was injur-
ed; that he holds a certificate as first
officer for sail and a certificate as sec
oud officer for steam. 1t seems rea-
sonable to suppose that If this injury
had not been inflicted he would have
been sound man and able to pursue
his calling uninterruptedly at salary
of at least 500 per month for many
years TO come. DR.. Taylor, an expert
called for the defendant, testified that
in his judgment, while the injury was
permanent, yet the body of libellant
would adjust itself in time to the
shortness of the injured leg, and that
ne thought lat the end of two years
the leg would be as useful as It was
before IL was hurt" / am inclined to
think that this is so. and being so. that
at the end of two years he will be able
to resume his vocation of seaman, If
not possibly before that time. ] will
therefore allow libellant the sum of
Sli40. being the amount of wages at the
rate of $50 per month, which it is rea-
sonable to assume he would have been
able to earn in two years from the time
of the injury had he not been deprived
of the ability TO do so by this injury
In addition thereto libellant Is enti-
tied to something for the injury itself
and the pain and suffering consequent
thereon. The evidence shows that the
injury was a very grave one, in fact,
according to both the testimony of DR..
Humphris and DIR. Taylor, the injury is
permanent, although the disability
doubtless is not. That while the bones
have knit, the joinder is not perfect,
but is an overlapping one; that there
is a curvature and the leg will continue
to be from three-quarters of an inch to
an inch shorter than the other. In ad-
dition to the breaking of the leg, the
libellant suffered grave bruises, the
bruise on the shoulder being "exces-
sively severe" He was confined to the
Queens Hospital for three months, and
some few days, suffering much pain;
and It is in evidence that he still SUI
fers pain, and according to DIR. Hum
phris, there is a possibility that he will
always suffer pain. 1t is difficult to
measure pain in money. In most of the
cases examined by the court wherein
injuries Of similar nature We're sus-
!ained. the average damages assessed
is about $4,000, in full of everything
However in the main. these cases show
an injury If not greater at the outset
yet more severe in the permanent dis
abling effects than in the case at bar
I am therefore of opinion that in view
of all the circumstances of this case
the sum of $500 would be a fair COM
pensation for the extra pain and suf-
fering endured by libellant. and will al
low that amount in addition to the
sl440 already allowed, making tota
of 1910. together with cnSts of sniff