Wulferdinger v. Pickwick Stages System

MR. JUSTICE Pro Tem. SHIELDS Delivered the Opinion of the Court.

The plaintiff herein was a fellow-passenger with Robert 0. Even, in an autostage, which in August, 1928, left the road and plunged over a cliff some forty feet into a creek-bed. Each was injured, and each brought an action to recover the damage they had respectively sustained. Each recovered a judgment from which in each instance an appeal was taken. In the case of

Even

v.

Pickwick Stages System, ante,

p. 636 [293 Pac. 700], a decision has this day been filed.

In the case now before us the trial was.by a jury which rendered a verdict for the plaintiff for $12,500, general damages. The evidence upon the question of negligence was substantially identical with the evidence in the Even case. In this appeal from the judgment' in the case now before us, the defendant makes little contention as to any failure of proof of negligence on its behalf. However, that question has been answered adversely to defendant in the case of

Even

v.

Pickwick Stages System,

above referred to. This leaves defendant’s contention that the verdict is excessive, so excessive as to bear evidence that it was rendered under the influence of passion and prejudice as the sole question to be disposed of.

On behalf of plaintiff, evidence was given that at the time of the trial she was of the age of about thirty-three years, and up to the time of the accident was of sound health. As a result of the accident, in addition to apparently minor injuries, she received a cut over the left eye,

[644]

which severed all of the tissues down to the hone. This cut severed “the supra-orbital branch of the trigeminal nerve” and healed by the formation of scar tissue. Many painful symptoms followed and her physician testified that in his opinion she was suffering from “a trigeminal neuralgia”. In treating this he had injected the nerve with alcohol, which brought relief for only a short time. He stated that the next step in treatment involved a capital operation. Plaintiff herself testified to many consequences of her injuries, which are summarized by appellant in its brief as follows: “That for the first time in her life she suffered after the accident from failing eyesight, insomnia, loss of weight, chronic headache, dizziness, nervousness, irritability, lack of energy, bad dreams, in place of 'occasional pleasant dreams’ before the accident, generally poor health, lump on forehead occasionally, not able to wear a hat much of the time, no joy in living, unreasonable fears, afraid to stay at home even in the daytime, no energy, hysteria, uncontrollable laughter and tears, and soiling of bed linen.”