The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1910-03-22
EMPL OVERS LIABILITY FOR
PERSONAL INJURY DISCUSSED
compeatng Employees for
Ideal Which
n
Concluded


general solicitor for the Northwestern
Railway company. delivered at the
State university. Continued from yes
terday's issue)
Again in many instances, the com.
pensation is out of all sort of proper
ton to the nature and character OF
the injury, and to the earning capacity
of the man that is injured; places
an undue and in many instances I'M
possible burden upon industry, and
gives to the injured man sum OF
money far beyond anything that he
could have earned had he worked
every day of his life, and lived to the
full time of his expectancy
The average layman may not ap-
preciate the extent to which the
courts have gone in sustaining ver-
diets which seem to be of startling
proportion and what menace TINS
unlimited right of recovery is to the
ordinary private individual or small
corporation that might care to engage
in commercial life, A few il'ustra-
tions will emphasize this, and, while
most of these cases are against rail-
roads. some of them, notably recent
one in Iowa, are against what may be
termed private corporations.
In a Minnesota case, reported ia
N. W., 254, brakeman recovered
$4,000, and the court sustained
$4,000 CT same
In Reeve vs.. Electric Co., 80 Pac.,
SO, the California court sustained a
verdict of 100000, for injuries to
+ lneman.
In a case against the Pittsburg
railroad, 76 N. E., $50, a boy eight
years old recovered $4,000
In case of Gulf railway VS.. Sheldon
90. S. W., 652. passenger, 40 years
old. recovered $4,000
In Noakes VS.. New York Cent? al
railroad LOG n Y, s., 522, a girl 16
years old, recovered $4,000
In case of a section hand, earning
$50. 40 per month. an Iowa jury re-
Gently returned verdict for $4,000
on account of personal injuries. While
this amount was approved by the
lower court, the supreme court re,
duced the Judgment to $4,000, 121
N. w. 1897. This amount, at six pei
cent interest, would yield an income
of $1,000, or nearly four times the an
nual earning capacity OF the injured
man. and at his death, if he had not
dissipated the principal, he would
leave an estate more valuable thai
he could possibly have accumulated
il he lad lived to an old age, ant
worked every day of his life.
In Mississippi. in case of Yazoo
railroad VS.. Wallace, is Southern
S57. a verdict of $4,000 was returned
by the jury, which was reduced b!
the court to 100000.
In Pennsylvania railroad VS.. Barbe
1877 H. t.pp, 533, verdict of $4,000
was sustained in favor of student
and the supreme court of Iowa, in
recent case. reported 1872 Iowa, u
sustained a verdict of $23.916 in favo
company aged 2T years, earnin
s1,100 per annum.
A little reflection as to the amount
OF these verdicts, and they are Occur
ring with such frequency that it cal
not be said that they are exceptions
Indicates a great risk taken by 3
employers of labor who subjec
themselves to this liability for pc
sonal injury.
Another serious condition is til
Iinbilj1
has upon the morals of court proce
ure. Here in IVA, and in most OF
er states. the liability for death ar
for personal injury is unlimite
There are no restrictions as to co
tracts for contingent fees with la
yers. The tremendous rewards offe
ed, the fact that in one case a la
We, may make fee tnat means
handsome income for the year Il
temptation to an injured man wher
by a slight change in his story
may have the expectancy of what
believes to be permanent immuni
from want. offer such fruitful fe
for the exercise of ingenuity on t
part of litigants and attorneys
the realm of perjury and subornati
of perjury, that to men who are
miliar with the frequent practice
it the situation is appalling.
The unconscionable charges ma
by lawyers who are not always
honor to their profession would she
the spirit of fairness and the idea
righteousness which ever decent a
honest man should entertain. An
ample:
young man was recently xii
while assisting TO operate a |
driver on the Missouri river. He '
little over twenty years of age.
father and mother had been divor,
some years before the date of
death. and he was to some ext
the support of his mother The clt
reached the hands of an attorn
and after some negotiations. a
tlement for $4,25o was had This
5orney at once appropriated 81,
for his fee, and, as the father
mother were not in accord over
division of the remainder, paid
balance into the probate court in