Anderson v. United Stages, Inc.

CONREY, J.,

pro

tem.

The defendant appeals from a judgment rendered against it in an action to recover damages for personal injuries received in an automobile collision while the plaintiff was riding as a passenger of the defendant in one of its automobile stages. Since appellant in its reply brief concedes that it is liable to the plaintiff in some amount, we shall omit from further consideration all of the points relied upon in the opening brief, except those connected with the contention that the amount of the verdict is excessive.

[1]

The plaintiff, in addition to his demand for damages on account of the injuries received, claimed certain items of special damage amounting in the aggregate to the sum of

[252]

$738.84. Because the verdict and judgment are for the sum of $3,238.84, appellant argues that the general damages allowed were $2,500 and that the special items were allowed in full. It then contends that not only is -the $2,500 an excessive allowance, but also that some of the special items, in whole or in part, are not supported by the evidence. But the verdict was for a lump sum without any segregation of items of which the verdict may have been composed. Assuming, as claimed by appellant, that more than $300 of the special items are not supported by the evidence, it only results that the general damages were allowed in the sum of a little over $2,800 instead of $2,500.

There is evidence tending to prove that the plaintiff at the time of the accident was forty-seven years old and in the enjoyment of very good health; that when the collision occurred he immediately lost consciousness and did not regain consciousness until after he was in a hospital; that he received bruises on the head and other injuries to the back and hip; that his right ear was mangled and tom; that there were contusions on his right leg, right hip and in the scrotal region; that he was kept in the hospital about six weeks and during that time lost about twenty-four pounds in weight; that at a time four months subsequent to the accident his back was extremely tender, with marked pain in the groin, which the physician who examined him at that time considered to be the cause of the fact that plaintiff limped in walking. It is not necessary to state the evidence in further detail. Unquestionably it is sufficient to show that the injuries received were of a very serious character, not only with, regard to their severity at the time of the accident and during the period of recovery, but also that in some respects the resulting injuries are of a permanent character. Under these circumstances we would not be justified in concluding that the jury was influenced by passion or prejudice or abused its discretionary power in determining the amount of its verdict.