144 Iowa 289 | Iowa | 1909
Through negligence of an employee of' defendant, as was conceded in the answer, a baggage car in which plaintiff was engaged at his usual avocation was overturned, and he precipitated nearly the entire length of the car on his head, and articles in the car fell on him. The testimony of physicians as to his condition as a result of the injuries is in sharp conflict. If the witnesses called by plaintiff are to be relied on, in connection with the evidence of himself and wife, he is in a deplorable condition. If the physicians of defendant are' right in the opinions they have expressed, little else than hysteria ailed him.
In Trott v. Railway, 115 Iowa, 80, an instruction limiting “the extent of plaintiffs earning power in the future to that of a laboring man” was held to be erroneous, on the. ground that “he might be totally disabled from performing manual labor, yet be able to earn in other avocations.” A like conclusion was reached in Laird v. Railway, 100 Iowa, 336, where the instruction was to “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,” and this was construed to exclude consideration of ability to earn money otherwise than by manual labor as tending to lessen the damages to be awarded and it was adjudged erroneous. In Bettis v. Railway, 131 Iowa, 46, the instruction was approved because the reference to manual labor related to what he would have done but for his injuries, and nothing was said as 'to the character of labor which he might afterward perform. It is not the disabling to follow any particular vocation for which compensation is awarded, for this might do no more than interfere with the taste or ambition to engage in some particular pursuit, though this may be an element of damages, but it is the impairment of the capacity to earn money, generally, regard
The rule is accurately stated in 6 Thompson, Negligence, section 7294: “The jury, looking to all the circumstances of the case — his former occupation and its nature, the money or other benefit derived therefrom, and the extent to which the capacity to follow that or any other calling for which he' is fitted is impaired by the wrong of the defendant — must assess the damages at a sum which will compensate him for the injury suffered.” It was not essential that speculative evidence be introduced by either party as to what occupation might prove suitable or congenial to plaintiff in event of the future improvement of his condition. Jurors are presumed to b,e .familiar with the common affairs of life, and therefrom, in connection with a determination of the probable future condition of plaintiff, might in the exercise of their judgment estimate somewhat of the probabilities of the future. Who can say what any one will or can do on the morrow? Presumably there will be no change. But plaintiff’s course