Norwich bulletin., 1912-07-10
DAMAGES ARE ENOUGH
 IN DRIscoLL-DoUeLAss CASE.
Judqe Holcomb Denies Plaintiffs Mo ton to Double or Treble Verdict of S55o.

s55o.
 Clerk Parsons of the superior court has received from Judge Holcomb his finding in the matter of the plaintiffs 8 appeal to have damages trebled in the suit of Grace L. Driseoll vs. Hamilton R. Douglass, of New London. The judge denies the motion to treble the damages of S550, which was awarded the plaintiff by the jury.
 In his memorandum of decision, Judge Holcomb reviews the case and evidence briefly, stating the complaint alleges that on January 15, 1910, Grace Driscoll in New London on Bank sstreet was struck by the pole of a sled team driven by a servant of the defendant and so injured that she died December 27. 1911. The suit was for S5 ,0O0, upon which the jury awarded the plaintiff s550.
 The evidence disclosed that at the time the pole of the defendants sled hit said Grace l.. Driscoll she was seated in her sleigh which was stand | ing near the curb of the sidewalk on her right hand, and that she was wait ing for the return of her husband, who | had gone into a nearby place of busi- ness.
 The evidence further disclosed that l she died December 27, 1911, of tuber- culosis of the lungs; that upon an ex- animation madse sv physician on January 15, 1910. aftsr her injury, he 1 found her lungs to be- JS Healthy condition, but it appeared hS5t some | three months later her right luhS was found to be infected.
 The jury was charged in effect that | if their verdict was for the plaintiff in awarding damages they might con l sider her pain and suffering from said | disease up to the time of her death il they found upon the evidence that said | disease was caused by her injury otherwise not
 The court cannot know what the conclusion of the jury was upon this point, but must assume that the award made by the jury was what they de- termined to be just compensation foi all her disabilities. according to charge given them on the rule of damages tC be adopted.
 If the s550 award Is just and fail | compensation, then to double or trebl' said award would be in the nature O. punishment for gross negligence or the part of the defendant in disregard ing the law of the road and in running his team into said Grace Driscoll
 In my opinion the jury would hav' been justied. the judge states, in find ing that the driver of the defendant team was grossly negligent. but 1t il
 to be remembered that it was the de fendants servant and not the defend ant who was driving said team, an,
 therefore if said servant was culpabl. negligent the defendant was no
 chargeable with it, unless he was neg
 ligent in permitting his team to b
 driven by an inexperienced or incom
 petent servant, and the evidence Wa
 to effect that said driver was both ex perienced and competent The de
 fendant ought not therefore, to b
 compelled to pay more than the fai compensation for the injuries sus
 tained by reason of the negligent act
 of his servant.
 This conclusion renders it unneces , sary to pass upon the plaintiffs as
 sertiOn to amend the prayer for relic ; to include claim for double or trebl
 damages, and the plaintis motion |
 double or treble is denied