Douglas v. Berlin Dye Works & Laundry Co.

LORIGAN, J.

This action was brought to recover damages for personal injuries sustained by plaintiff in a collision on a public thoroughfare between an automobile in which he was riding and an automobile delivery wagon operated by defendant, the claim being that the accident occurred through the negligence of the latter.

Plaintiff had a verdict and judgment thereon for ten thousand dollars. A motion for a new trial was denied and defendant appeals from the order of denial and the judgment.

On the trial of the action defendant admitted that its negligence, as charged, caused the injury to plaintiff, and its liability therefor, the only issue presented to the jury being as to the amount of damages sustained by the plaintiff.

At the time of the accident plaintiff was fifty-four years of age, in good health; free from mental or physical trouble. In the head-on collision between the vehicles he was thrown violently to the ground. As the result thereof, aside from cuts and bruises about his face and body, there was a fracture of the base of the skull, accompanied by concussion of the brain

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and hemorrhage from the ear and nose; his left knee was injured, a deep gash being cut in it and the ligament that held the cap of the knee to the large bone had been torn entirely across; there was also injury to his spinal column and displacement of several of the vertebra. The evidence shows that the plaintiff became affected with permanent traumatic diabetes as a result of the injury at the base of his brain, and that his hearing and vision had become permanently and seriously impaired therefrom; that the injury to the ligament at the knee joint occasioned a permanent displacement of the knee cap so as to make it impossible for plaintiff to walk without the use of crutches or a cane, and then only with great care and caution and constant liability to danger of the knee joint slipping out; and that the injury to the spine had produced physical sexual inability in the plaintiff. In addition to these particular results of the injury and aside from the great pain and suffering which resulted therefrom, there was a general impairment of the mental and physical condition of plaintiff. His nervous condition has become very low; there has been a failure of memory, and he still suffers and will continue to suffer from the injuries inflicted on him.