Griffiths v. Clift

• Decision Date: 01 July 1886
• Citation: 11 P. 609,4 Utah 462
• Court: Utah Supreme Court
• Parties: ROSE GRIFFITHS, BY HER GUARDIAN, RESPONDENT, v. F. D. CLIFT

11 P. 609

4 Utah 462

ROSE GRIFFITHS, BY HER GUARDIAN, RESPONDENT, v. F. D. CLIFT

Supreme Court of Utah

July 1, 1886

APPEAL from a judgment of the third district court and from an order overruling a motion for a new trial. The opinion states the facts.

Judgment and order of the lower court affirmed, with costs.

Messrs Bennett, Harkness & Kirkpatrick, for the appellant.

Cited Milwaukee, etc. R. R. Co. v. Kellogg, 94 U.S. 469; Schaffer v. R. R. Co., 105 U S., 249; Hoag v Lake Shore R. R. Co., 85 Pa. St.; Phillips v. Dickerson, 85 Ill. 11; Toledo R. R. Co. v. Muthersbaugh, 71 Ill. 572; Mayne on Damages, p. 15; Addison on Torts, 10; 2 Greenleaf Ev. sec. 256; 3 Parsons Cont. 177, 35 N.Y. 210; 1 Am. Rep., 431; Wharton on Negligence, sec. 78.

Mr. Arthur Brown, with whom were Mr. E. B. Critchlow, and Mr. D. C. McLaughlin, for the respondent.

BOREMAN, J. ZANE, C. J., and POWERS, J., concurred.

OPINION

BOREMAN, J.:

The appellant, in December, 1883, left his horse, attached to his buggy, unhitched in a thickly populated part of Salt Lake City. The horse ran away, and in his flight ran against the plaintiff, a school-girl, knocked her down, and injured her. This action was brought to recover damages from appellant for his wrongful and negligent conduct in leaving his horse unhitched, and the consequent injury to respondent. The cause was tried with a jury, and a verdict and judgment for $ 3,250 damages was rendered against appellant. A motion for a new trial being overruled, the cause was appealed to this court.

The appellant urges that the damages are excessive, and unwarranted by the evidence. He claims that there was no injury except to one finger, and that this was slight. The jury are to take all of the evidence together, and are the sole judges of the credibility of the witnesses, and of the weight of evidence. They may draw a conclusion different from that which we might draw, but, if there be evidence to support their conclusion, the court should not disturb it. There is evidence that the horse was not safe to be left unhitched, being too spirited; that appellant, upon returning from a drive on a very cold day in December, stopped in front of his residence, in a thickly populated part of the city got out of the buggy, leaving the horse unhitched in the street in front of his dwelling, and went into the house; when he came out the horse and buggy were gone, and he saw them turning a corner a block and a half away; that, after continuing, they ran for another block, into the business part of the city; the horse struck the plaintiff, a school-girl of 10 years of age, who was crossing the street where it was usual to cross; that she was lifted about two feet into the air by the horse striking her, and then, falling to the ground, rolled over several times; that when picked up she was bleeding from the mouth and hand, and one finger was apparently broken; that while dressing her wounds she fainted--was dazed or unconscious--but, when conscious, complained greatly of being hurt badly; that, on examination half an hour afterwards, the top of her head was found to be bruised, and one arm, one knee, and a place on her back were bruised; (the physician who had charge of her case at the time had died before the trial took place); that respondent's hand was kept in a sling for some days after the accident; that prior to the hurt the health of the child was good; that she was bright in intellect, and possessed physical strength; was fond of playing with other children; was accustomed to recite pieces; that since the injury her health has not been good; that after she was brought home she was delirous part of the time; that she has, since the occurrence, continually complained of being hurt about the bowels, and would hold her hand across her side when walking across the room; that after the accident she made complaint of internal pain, and her complaining has continued, more or less, from that time until the trial; that for a year or so before trial she was complaining of her back hurting her, and also her head and right eye; that she complained of the head hurting her at...