Laird v. Chi., R. I. & P. Ry. Co.

• Decision Date: 11 December 1896
• Citation: 100 Iowa 336,69 N.W. 414
• Court: Iowa Supreme Court
• Parties: LAIRD v. CHICAGO, R. I. & P. RY. CO.

100 Iowa 336

69 N.W. 414

LAIRD

v.CHICAGO, R. I. & P. RY. CO.

Supreme Court of Iowa.

Dec. 11, 1896.

Appeal from district court, Guthrie county; J. H. Applegate, Judge.

Action for personal injuries. Verdict and judgment for plaintiff, and the defendant appealed. Reversed.Cummins & Wright, Neal & Neal, and Robert Mather, for appellant.

Carr & Parker and F. O. Hinkson, for appellee.

GRANGER, J.

About the 17th of February, 1894, the plaintiff was in the employ of the defendant company as a locomotive engineer. On that day, the engine on which he was engaged collided with another engine on defendant's line, and plaintiff was injured, and the action is for damages sustained thereby. On the measure of damages, the court gave the following instruction, of which complaint is made: “If you find from the evidence, and under these instructions, that plaintiff is entitled to recover, then you should allow him as damages such sum or amount as will fairly and reasonably compensate him for the loss he has sustained, as such damages and amount thereof are shown by the evidence. If you find he is entitled to recover, the elements of his damages will consist of his loss of time occasioned by the disability, if any, in the matter of pursuing his usual business, or performing other manual labor, and the physical pain and suffering and mental anguish, if any, occasioned by reason of his injuries. You should allow him, on account of his disability to perform manual labor, only such sum as will fairly and reasonably compensate him for the loss he is shown by the evidence to have thus sustained. In determining the pecuniary injury he has sustained in this particular by reason of the injuries complained of, you should take into consideration the situation and physical condition he was in prior to and at the time he received the injuries complained of; his age, condition of health, habits as to industry, character, employment; the wages he was earning prior to and at the time of the injuries; the nature and extent of the injuries he has sustained; to what extent he is unable to perform labor by reason of said injuries; whether said injuries are permanent, or otherwise; if only temporary, the probable duration thereof; if permanent, the probable duration of his life,--together with all the other facts and circumstances bearing upon said question, as the same have been shown and developed upon the trial hereof, and therefrom determine and allow such reasonable sum or amount as you find, under the evidence, will compensate him for the loss he has thus sustained. In estimating this element of damages, you should bear in mind that you should allow him only such sum as will compensate him for his loss in being disabled from pursuing his usual business or performing other manual labor, in his being thus deprived of the earnings of his business as locomotive engineer or other manual labor. You should also take into consideration the fact that, in his business of locomotive engineer, his earnings were paid as same were earned; and, in fixing the amount of his damages, based upon what he would have been able to have earned in the future but for the injuries complained of, you should take into consideration the present value of such earnings.” The complaint as to the instruction is that it does not permit the jury, in estimating the damage, to consider the capacity of the plaintiff to earn money otherwise than by manual labor; that is, as we understand counsel for appellant, if plaintiff is, because of the injury, totally disabled from performing manual labor, including his work as an engineer, but is able to earn money otherwise than by manual labor, that fact could not be considered to lessen the damage, but...