Torr v. United Railroads

WILBUR, J.

The plaintiff having been injured September 23, 1910, by the negligence of the defendant in starting its street-car while she was alighting therefrom, brought this action May 24, 1911, to recover $21,214 for the injuries alleged to have been received by her. The case was tried by the court without a jury on July 2, 1915. Findings of fact were made on December 24, 1915, and judgment was rendered December 27, 1915, in plaintiff’s favor for $1,100, $550 of which was for medical services and surgical appliances and $550 for other damages. Plaintiff, being dissatisfied with the amount of the judgment, moved'for a new trial, and, upon her motion being denied, March 30, 1916, appealed to this court from the judgment and order denying' the new trial.

The court found her injuries to be as follows:

“Her right arm was sprained, her left innominate was displaced; her spine was injured and she sustained a severe

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nervous shock. Said injuries rendered plaintiff sick and caused her to suffer pain and mental suffering. The court finds, that said injuries to said innominate and said spine are permanent in their nature.

“3. That by reason of said injuries plaintiff was obliged to and did employ the services of physicians and surgeons to treat her, thereby incurring an indebtedness and expense in the sum of $325, and expended $106.50, making a total of $431.50, which sum was and is the reasonable value of the services so rendered by said physicians and surgeons in the treatment of said injuries; and was obliged to and did expend the sum of $35 for medicines and liniments, which sum was and is the reasonable value thereof; and was obliged to and did expend the sum of $6 for arch braces for her feet, the further sum of $6.75 for special shoes, and the further-sum of $18.00 for corsets, garters and straps, which sums were and are the reasonable value of said articles; and was obliged to and did expend'the sum of at least $52.75 for massage treatments in treating said injuries, which sum was and is the reasonable value of the services rendered in giving such massage treatments.

“4. That -at and prior to the date of said' injuries, plaintiff was a school teacher by profession, and then was, and prior thereto had been earning as said school teacher, a salary in the sum of $120 a month;