Lynch v. Southern Pacific Co.

CONREY, P. J.

In this action the plaintiff seeks to re-

cover damages for injuries received by her through the negligence of the defendant while she was a passenger in a car of the defendant. By a verdict of the jury plaintiff was awarded the sum of $22,750, and judgment was entered accordingly. In ruling upon defendant’s motion for a new trial, the superior court ordered that said motion be granted, unless the plaintiff should within a time limited file a stipulation remitting from the judgment the sum of seven thousand dollars, and that if the plaintiff should file such stipulation the motion for a new trial should be denied. The plaintiff did file the required stipulation remitting from the judgment the sum of seven thousand dollars, and the motion was denied. The defendant appeals from the judgment and from said order denying its motion for a new trial.

The defendant admits its negligence and its liability for such injuries as were received by the plaintiff at the time and place described in the complaint. The defendant contends that its motion for a new trial should have been granted, upon the ground that the damages awarded are so excessive that they appear to have been given under the influence of passion and prejudice; that there is no evidence proving or tending to prove that the plaintiff sustained any injury or suffered any disability which is reasonably certain to exist in the future, or any permanent disability whatever; and that the amount of the judgment, even after the reduction

[110]

to $15,750, remains so excessive as to be subject to the same objections before mentioned.

The injuries of plaintiff were received as the result of a collision between a train of the Southern Pacific Company and an electric ear of the defendant company in which the plaintiff was riding. The injuries received and proved were a fracture of the tibia immediately above the ankle of the left leg; a fracture of the third, fourth, and fifth ribs of the left side, and a wrenching of the back and injury to the nerves, resulting in a sensory paralysis of the left arm along the entire length thereof from the hand to the shoulder. It was shown that the plaintiff suffered much severe pain; was compelled to remain constantly in bed for at least two months, and was required to use crutches for some time thereafter. At the time of the accident she was twenty-three years of age, her health was good, and she lived at home with her father. It does not appear that she had any other occupation than that of a housekeeper. The fractured bone of the leg was healed so well that at the time of the trial (six months after the accident) she could walk short distances without crutches and the recovery would soon be practically complete. The fractures of the ribs were well healed, although there remained, and probably would remain,- a small calloused lump on the breast. The principal permanent injury claimed consisted in the nervous shock and injury resulting in the paralysis above mentioned.