47 Minn. 430 | Minn. | 1891
The plaintiff was injured by an accident on a passenger train, which resulted from the negligence of the defendants, and recovered a verdict of $1,500. The car in which he was riding at the time was thrown off the track and overturned, and the evidence tends to prove that he received various bruises and injuries, and a severe shock to his nervous system. The circumstances of the. accident and the liability of the defendants for some damages are admitted. Two errors as signed relate to the admissibility of certain evidence of a medical expert, and the amount of the verdict, which is claimed to be excessive.
1. A physician whom he consulted the next day testified, among other things, that “he had a cut on the temple and right side. It was a pretty severe cut, and had a few stitches in it. He was brhised somewhat about the face, and appeared to be suffering from considerable shock from the injury, as I supposed. He was quite nervous, and complained of considerable pain through the system, especially his side and back.
“Question. What conclusion, doctor, did you reach as to the nature of his injuries in his back? Answer. I supposed, from my knowledge of such injuries, that he was possibly pretty severely injured. I judged that he was. It is a very difficult matter to determine in some cases how much a person may be injured.”
It is especially assigned as error that the witness was permitted to testify to the complaints and statements of the plaintiff in resp'ect to his condition, symptoms, and sensations, or to give an opinion based on such statements, in whole or in part. In respect to evidence of this character, the rule is that a witness not an expert can testify
2. The defendant also insists that the damages are excessive. This question was, of course, for the jury, and they were not limited, in their estimate thereof, to the loss of time, expenses, pain, and suffering incurred and endured up to the time of the trial; for there is-evidence tending to show that he had not then recovered, and his disability, and the suffering resulting from his injuries, might continue much longer, and perhaps indefinitely. This- court should not interfere with the verdict as excessive, especially in opposition to the. opinion of the trial court.
Judgment affirmed.