Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-25
SUPREME COURT DECISION.
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81 Is would pay for his meals and
lodging, he would have nothing where
On to live. Was he to be expected
to give up his home at Lovelock, his
business, his residence, his citizenship
and his friends and neighbors in New
ada and seek new home, new business,
Tor old business), new residence, new
citizenship and new friends and neigh
Lors in Utah? Few of us in Nevada
would be pleased to have this alter
native forced upon US; and were the
scenes of the drama In any other land
c, State, it is most probable that it's
citizens would feel upon the subject
as we of Nevada feel.
Again suppose it were held that ne
should have made the changes above
irtimated, what assurance is there
that he could have in any tolerable
time obtained employment in this land
In which he, stranger, was compelled
to make his abode? And would not the
railway company, if he did make the
change. be responsible to him for rea-
sonable board and wages while he
dilige thy sought employment? Could
it be possible that it's responsibility
in tamages would end with the price
paid for the railway ticket and hotel
bills IN Ogden while his $1.25 lasted
and wages during the same time?
Plaintiff could not remain in Ogden
because after the few hours that his
$125 would support him. he would
have nothing wherein to subsist.
Defendant had been informed Of this
and thereby became chargeable with
knowledge and expectancy of the. re-
suits naturally following from the ne
cessity to which the defendant know
ingly subjected the plaintiff and with
the damages SO occasioned. II defend
ant had not been aware at the time
the message was sent, that palintiff
was without means to remain in Og-
den his necessity for leaving there and
the attendant hardships would not
have been within the contemplation If
the defendant. II the plaintiff had had
money with which to remain at no.
tel, 1t might have been his duty 10
do SO and charge the defendant for
his expenses and time, but the case
is different when the defendant knew
that he was without funds to do this,
and would likely be forced to suffer
humiliation, fatigue, hunger and cold.
Under the circumstances narrate l,
was it not the natural and proper thing
that the plaintiff should set out, winter
as it was, to 60 afoot or otherwise
when he could honestly do so to his
home at Lovelock, Nevada, 400 mile:
distant from Ogden. Utah? So il
seems; and likewise it seems thai
whoever negligently caused him to be
placed in such a situation should bt
held responsible to him therefor. Tn;
trial court awarded the plaintiff $4O(
as damages; but appellant claims tina
that amount is excessive. We thinl
that amount was not excessive. TIT
elements of the damages would be
ID Price of telegram; CD wages D
conversation for time lost in reaching
his home at Lovelock; 60 price o
meals and lodging during the time n
would be en- route; and ca "mensa
worry and distress" accompanying tn
physical fatigue and cold while GU
on the winter journey, of course In
GLIDING the physical suffering Itself
Surely $500 could not reasonably b
deemed excessive for all this.
Whether or not damages for menta
suffering can be allowed is anon
the courts of the United States
veritable questio vexata; some Ape
late courts hold that such damage
can be allowed and others hold that
cannot. Sometimes the question is VIII
Their damages for mental suffering a
companying physical suffering can
allowed and sometimes the questio
is whether damages for mental suhe
ing unconnected with physical suffe
ing can be allowed. II mental suffe
ing can be allowed for in any cas-
what difference would it make VIII
Their there were physical suffering
not? Suppose by reason Of the neg
gence of q defendant damages resuI
ed to plaintiff, said damages comir
from two sources: Q physical suffe
ing, 500 and (2) mental suffering, q
c0mpanying the physical suffering
500 more, making in all, 5000. II Il
second element, towit, the 500 I
lowed for mental suffering, accomp
nying the physical suffering was ,
- 1o,wod What difference could II ma,