Bosher v. International Ry. Co.

Decision Date02 August 1926
PartiesBOSHER v. INTERNATIONAL RY. CO.
CourtU.S. District Court — Western District of New York

Ward, Flynn, Spring & Tillou, of Buffalo, N. Y. (William J. Flynn, of Buffalo, N. Y., of counsel), for plaintiff.

Rann, Vaughan, Brown & Sturtevant, of Buffalo, N. Y. (Raymond C. Vaughan, of Buffalo, N. Y., of counsel), for defendant.

HAZEL, District Judge.

Motion to grant new trial on the ground that the verdict of the jury of $54,000 was grossly excessive.

The evidence shows that plaintiff, when injured, was 39 years of age, and his expectancy of life was nearly 29 years. His annual earnings amounted to $1,385.80, and his maintenance at the hospital and doctors' bills amounted to $1,300.

He was horribly injured and suffered intense pain while at the hospital, and will continue to suffer discomfort and inconvenience, and perhaps more or less pain, as long as he lives. It is shown that one leg was severed in the collision between two electric cars operated by defendant, he being a passenger, and that while in the wreckage of the cars his leg bled profusely, his other foot being also severely crushed. The crushed leg was amputated and his crushed foot given treatment. He remained at the hospital, under treatment, for a period of ten months, and during that time suffered great pain necessitating frequent hypodermic injections.

It is doubtful whether an artificial leg can be applied without continuous pain in its use, since a bone extension on the stump of the amputated leg interferes with its fastening. To properly fit it without paining him, an additional operation is required. On the left foot plaintiff's arch was eliminated by the crushing of the bone and resultant treatment. Three operations were necessary to arrest infection on the foot, and one of the surgeons testified that only about one-fourth of its weight-bearing power remained, and there is a probability that this leg may also necessitate amputation.

It is difficult to estimate the pain and suffering attending injuries of such severity, accompanied by the mental anguish and discomfort he must endure throughout his life by reason of his crippled condition.

The only alleviation that the law affords is to give him just and reasonable compensation — something that was within the province of the jury to determine, from the evidence. I assume that the award of the jury for his loss of wages and earning capacity during his expectancy of life was based upon his annual wage of $1,385.80, and...

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13 cases
  • Roy v. Oregon Short Line Railroad Co., 6115
    • United States
    • United States State Supreme Court of Idaho
    • December 18, 1934
    ......603, 95 A. L. R. 1150. See, also,. Grand Trunk Western Ry. Co. v. Heatlie , 48 F.2d 759,. [42 P.2d 484] . and cases cited; Bosher v. International Ry. Co. , 15. F.2d 388; 2 Roberts' Federal Liability of Carriers, 2d. ed., sec. 1031 et seq. . . A. further ......
  • St. Louis & S. F. Ry. Co. v. Bridges
    • United States
    • United States State Supreme Court of Mississippi
    • January 6, 1930
    ...... Y. & M. V. R. R. Co. v. Dees, 121 Miss. 440;. Looney v. N. & W. R. R. Co., 48 A.L.R. 816; Y. &. M. V. R. R. Co. v. Putman, 118 U.S. 545; Bosher v. R. R. Co., 15 F.2d 388; Woods v. R. R. Co., 8. S.W. 922; Otos v. R. R. Co., 239 U.S. 349; R. R. Co. v. Anderson, 291 S.W. 590; Roeder v. R. R. ......
  • Meehan v. Central Railroad Company of New Jersey
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 12, 1960
    ...Corp., D.C.E.D.N.Y.1941, 36 F. Supp. 773; McMahon v. Pennsylvania R. R. Co., D.C.E.D.N.Y.1938, 24 F.Supp. 154; Bosher v. International Ry. Co., D.C.W.D.N.Y.1926, 15 F.2d 388. A New Jersey court in finding that a jury award under the New Jersey Wrongful Death Act, N.J.S.A. 2A:31-5, was exces......
  • Vaughan v. St. Louis Merchants' Bridge Terminal Ry. Co.
    • United States
    • United States State Supreme Court of Missouri
    • May 18, 1929
    ...... uniformity in the law. Railroad Co. v. Kelley, 241. U.S. 485; Ry. Co. v. Candler, 283 F. 881; Bosher. v. Railroad, 15 F.2d 388; Railroad v. Fletchtner, 300 F. 382; Otos v. Railroad, 239. U.S. 349; Railroad v. Carnahan, 241 U.S. 241;. Railroad v. ...[322 Mo. 990] . Among the authorities cited by respondent in support of the. reasonableness of this verdict is Bosher v. International. Ry. Co., 15 F.2d 388, decided in 1926. There a verdict. for $ 54,000 was allowed to stand for $ 45,000. In that case. plaintiff, a passenger, had ......
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