Steinbrun v. Smith

ROBINSON, J.,

pro tem.

This ease comes to us on appeal from the judgment based on a verdict growing out of the property damages and personal injuries in an automobile accident. The evidence is conflicting on the question of negligence, but we will not review it. The verdict awarded $1500. On motion for a new trial the court reduced it to $1200. Appellant claims there was not a sufficient reduction. He also complains that certain instructions given were erroneous.

We are not able to determine from the order denying the motion for a new trial and reducing the judgment whether the reduction was on account of general or special damages. The reduction was consented to by appellant.

It is conceded that the damage to the automobile was $300, less salvage of $15, which would leave $285. Plaintiff claims damages by a tearing of his suit of clothes, but no specific amount of damage was proven. There was a towing charge of $15.15. There is a claim for $30 for services rendered by a physician, but there is no proof of the reasonableness of the charge nor that it was paid, and the doctor testified that he had rendered no bill and had not entered up any exact charge. Loss of wages for two days was claimed, amounting to $14.90, making a total of $345.05. Deducting the $30 for physician’s services leaves the total special damage $315.05.

Counsel in their briefs seem to concede that the $300 reduction by the court was on account of general damage, and argue that $300 property damage would leave a $900 judgment herein.

Plaintiff testified to the following personal injuries: Two scalp wounds; badly crushed thumb; right index finger cut and bruised; cut on left leg below knee and on right knee; was sore all over; elbow sore; every muscle in his body ached; immediately after the accident he went to the hospital where he was treated by a physician, without remaining all night, and then went home; thereafter called at physician’s

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office every day for a week, and thereafter every two or three days for about three weeks. He testified that he went to the scene of the accident on the first and second days after the accident and took measurements and photographs and returned to work on the morning of the third day, as a motorman engineer for the Northwestern Pacific Railroad Company. He further testified that the index finger on his right hand was still sore and painful; that all the physician did was to apply mercurochrome and bind up the cuts, and that they healed within three weeks. The physician testified that plaintiff had the tip of the right thumb partly crushed,