The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1915-04-08
AMOUNT HELD NOT EXCESSIVE
Court Declares That It Is Impossible to
Measure the Pain and Suffering of
Little Girl in Dollars and Cents Dam
ages-Case May Go to Supreme Court

Minnie Extra, the seven year old
daughter of Rudolph Extra, awarded
damages Of $4,000 in her personal in
jury suit against the receivers of the
Chicago and Milwaukee Railway Com
pany, will receive every cent of the
damages awarded to her by the jury
Unless the supreme court of the state
steps in and reduces the verdict or
awards a new trial in the case. Judge
Belden in lengthy decision filed with
the clerk of the circuit court this morn
ing. refused to reduce the amount of
on motions of the defendant company
and directed that a judgment be enter
ed in keeping with the decision Of the
verdict. The judgment Of Judge Beld-
en- has in it the element Of the human
side of the law. In his decision on the
motions of the attorneys for the rail-
way company, Judge Belden says:
"We need not concern ourselves
much with the question whether the
evidence sufficiently supports the find
ing Of the jury, that the defendant
negligently failed to maintain the
planking at the Salem avenue crossing
in condition reasonably safe for pub
lie use, considering the necessity of
cars passing over said CLOSING.
Whether the crosswalk was sufficient or
insufficient is of little moment. The
fact is that the plaintiff IS foot was
caught in the space between the rail
and the planking and it. is indisputably
established that the defendant IS car
approached the crossing in question at
a highly excessive rate of speed and
negligent manner Of operation. The
car was not under control, as it should
have been Had the car been under
proper control and travelling at rea-
sonable speed, having consideration for
the place, time, and character of travel,
well known to the defendant and the
motorman in charge of the car, the
accident would not have happened.
All the matters submitted for de-
termination by the jury are peculiarly
for the jury and the state of the evil
dence is not such that the court would
be justified in disturbing the findings
of the jury as to any of them.
At first thought the finding of the
jury as to damages may seem large, it
is true. But after hearing the case
examining many of the decisions of
our supreme court in personal injury
cases and, carefully considering the
whole matter, am not ready to say
that the assessment is excessive. To
do SO would be to substitute the judy
ment of one man for the Judgment of
the twelve men to whom that respom-
sibility is by law delegated and en-
trusted.
There might be cases wherein /
would not hesitate to exercise what has
been denominated judicial courage and
duty, to the end that defendant
might have reasonable protection and
perverse verdict be set aside; but this
does not seem to me to be case de-
handing such judicial action. There is
no appearance that the jury acted
upon passion orr prejudice, misunder-
standing, lack of intelligence or with
out reason. Even though the damages
assessed may seem large, I am not pre-
pared to say there is no just reason
for saying they are out of proper
tion to the injury received
There is and always will be, differ
ing opinions as to the proper amount
of damages in such eases. The court
cannot properly substitute its Judgment
for that Of the jury Ordinarily the
collective judgment of twelve iurymen
on such a subject as the just compen-
sation due in case of this sort is
safer than that Of any judge, or per-
haps bench of judges.
The fact that the plaintiff is young
IN years makes the injury and damage
greater than if it had occurred in a
later period of life. = : In the
very nature of things the amount
which will compensate person for an.
injury which must attend him through
life, cannot be measured by strict and
definite rules and must be left largely
to the sound judgsent Of a jury.
There is no market value for pain
and suffering and parts of the human
body What sum of money would one
take In exchange for an arm, or leg,
or an eyer Who can say with any de-
gree OF certainty what such things are
worths Who can say with that degree
OF certainty ordinarily necessary for
a verdicta No sum of money can be
named as the full equivalent for the
severe mutilation of ones body. The
whole idea of. a full money equivalent
contemplates an impossibility.