55 N.W. 732 | N.D. | 1893
This is a personal injury case, and involves but a single point. There was a verdict and judgment for the plaintiff. The court, in its general charge to the jury, used the following language: “If you find for the plaintiff, he is entitled to a verdict for the full amount of damages suffered by him on account of his injuries, not exceeding ten thousand dollars; and in considering the extent of his injuries you will take into account the extent of injury, of bodily pain and suffering which
It is next urged that there is no evidence in the case tending to show that plaintiff’s capacity to earn money was in any manxxer impaired by the injuxy he x-eceived. We think othexwise. The testimony, as a whole, clearly tends to establish that plaintiff’s ability to eaxm money was actually impaix'ed by the injuxy he received.
But the third objection ux-ged against the instruction is fatal. There was no claiixx in the complaint or in the evidence that plaintiff’s xnental powex'S had beexx in any manner affected by the injuiy, yet the court dix-ected the juxy to take into account, in estimating plaintiff’s damages, the effect of the injuxy on his “mental powex'S.” It is conceded that xnental suffexing is a px-oper element of damages, and that the impairment of mental faculties is also a px'oper element, when claimed and px'oven, but it is neither .claimed nor px'oven in this case. This position is not contx'ovex'ted by plaintiff. Iiis contention is that the instruction did no more than to direct the juxy to take into account plaintiff’s mental suffex-ing. We cannot so constxnxe this language. It would be idle to follow counsel in his metaphysical dissertion upon abstx-act mental qualities. This language was addx-essed to men of avex'age business intelligence, and must be construed in its
Reversed.