Gilbert v. Hoffman

• Decision Date: 02 June 1885
• Citation: 23 N.W. 632,66 Iowa 205
• Parties: GILBERT v. HOFFMAN AND ANOTHER.
• Court: Iowa Supreme Court

66 Iowa 205

23 N.W. 632

GILBERT

v.HOFFMAN AND ANOTHER.

Supreme Court of Iowa.

Filed June 2, 1885.

Appeal from Plymouth district court.

Defendants are the keepers of a hotel, and plaintiff was a guest at their house, and while there contracted the small-pox. She brought this action to recover damages sustained by her in consequence of the sickness caused by said disease. She alleged in her petition that defendants represented to her that their hotel was a desirable place for guests, and that it was free from small-pox, and that there was no person in said hotel who was infected with that disease, and that, relying upon the truth of these representations, she consented to become a guest at said hotel. But she alleges that the representations were false, and were known by defendants to be false when they made them, and that the disease was then in the hotel, and that there was a person there in the house who was afflicted with the disease. These allegations are all denied by the defendants in their answer. There was a verdict and judgment for plaintiff, and defendants appeal.Argo, Kelly & Augis, for appellants.

Kelley & Link, for appellee.

REED, J.

1. The petition alleges that plaintiff contracted the small-pox in defendants' hotel and became sick, and by reason thereof she was removed to a pest-house, where she suffered great bodily pain and mental anguish, and was permanently disfigured in person; and her damage is laid at $5,000. Defendants filed a motion for a more specific statement, in which they asked (1) that plaintiff be required to make her petition show each item of damages, how sustained, and the amount thereof; and (2) that she be required to show in her petition how and in what manner she was damaged. This motion was overruled, and this ruling is assigned as error by appellants. We think the motion was properly overruled. The damages occasioned by injuries of the character of those complained of by plaintiff are not ordinarily capable of being itemized. The physical and mental suffering endured by plaintiff while in the pest-house and the permanent disfigurement of her person are the injuries which it is alleged she sustained in consequence of the wrongful act of defendants, and it is sufficient to allege in a general way the damages which it is claimed resulted therefrom. Plaintiff could not be required on the trial to introduce evidence of the amount of her damages in consequence of these injuries, but the question as to the amount which should be awarded her therefor would be left to the jury to be determined from all the circumstances of the case, and there is no reason for requiring the pleading to be more specific in this respect than the proof is required to be made. It is a sufficient answer to the second ground of the motion to say that the petition did show how and in what manner plaintiff claimed to have been damaged. It is alleged therein that she was induced by the representations of defendants to become a guest at their hotel, and that she was there, in consequence of their wrongful act, exposed to the disease, and that in consequence of such exposure she was infected with the disease and suffered the injuries enumerated. This, we think, is a sufficient statement as to the manner in which she was damaged.

2. When the suit was instituted plaintiff was a resident of this state, but before it was tried she removed from the state. After her removal from the state defendants filed a motion for an order requiring her to give a bond to secure the costs which should accrue in the case. They had answered before this motion was filed. The district court overruled the motion, and this ruling is assigned as error. It is provided by section 2929 of the Code that “if the plaintiff in an action after its institution becomes a non-resident of this state, he may be required to give security for costs, in the manner, and under the restrictions, provided in the preceding sections of this chapter.” The preceding sections of the chapter are 2927 and 2928. It is provided by the first of these sections that “if a defendant shall, at any time before answering, make and file an affidavit stating that he has a good defense, in whole or in part, the plaintiff, if he be a non-resident of this state, * * * before any other proceedings in the case, shall file in the clerk's office a bond * * * for the payment of all costs which may accrue in the...