66 Neb. 170 | Neb. | 1902
This is an action to recover damages alleged to have been suffered by tbe defendant in error from injuries inflicted upon Mm while a passenger upon one of the trains of the plaintiff in error. The evidence that such injuries were of a serious or permanent character, is very slight, but is perhaps sufficient to sustain a verdict for the plaintiff under the familiar rule of this court with reference to such matters. From a verdict and judgment of $2,000 in favor of the plaintiff below the company prosecutes error in this 'court. The sole question presented here is as to the correctness of the following instruction given by the court at the request of the plaintiff: “If you find that plaintiff is entitled to recover, your verdict should be in such amount as will compensate him for the injuries which he has sustained. The temporary injuries, if any, which plaintiff sustained in the wreck in question, are elements of damage, and should be considered by you in coming to a verdict, and plaintiff should be fully compensated for such injuries. And if you believe that plaintiff suffered continuing or permanent injuries as a result of said wreck, it is your duty to estimate as well as it can be done, the damages which he has suffered since the time of the .injury by reason thereof, as well as what he may hereafter suffer, if any, and include such damages in your verdict. It is your duty to take into consideration the nature of all the injuries, if any, the extent of them and the pain and suffering which plaintiff has endured. You should also take into consideration the length of time that has elapsed from the time that plaintiff received his injuries until the present, not as interest, but simply as a part of the compensation to which the plaintiff would be entitled to make him whole, if you find he is entitled to recover [modified thus] : If you find plaintiff suffered injuries continuing from the time of the accident until now.” The particular part of this instruction which is complained of as erroneous is the-third sentence thereof, as follows: “And if you-believe that plaintiff suffered con
We recommend that the judgment .of the district court be reversed and a new trial granted.
By the Court: For reasons stated in the foregoing opinion, it is ordered that the judgment of the district court be reversed and a new trial granted.
Reversed.