234 N.W. 298 | Minn. | 1931
The one question now is whether the damages are so excessive as to indicate passion and prejudice. Liability is not denied. Mrs. Randall, while a passenger on one of defendant's passenger trains in Montana, was injured in a collision. There was no issue as to the fact of injury but a serious one as to nature and extent of resulting disability. There was a head injury and brain concussion sufficient to produce unconsciousness which lasted 10 or 15 minutes. There was a more serious kidney injury, the treatment of which required a succession of painful cystoscopic explorations. Mrs. Randall was in a hospital for a week and confined to her bed for some three or four weeks more. She underwent much treatment after her discharge from the hospital. There is medical testimony on both sides, and it is in disagreement as to whether the more serious disabilities resulted from the train collision or were due to a preexisting organic disease. There is evidence justifying the inference that the pre-existing involvment was aggravated by the accident. *261
The jury gave controlling weight to the testimony for the plaintiffs, Mrs. Randall's, and that of the physicians and surgeons who testified in her behalf.
The verdict for $2,200 may be large. Much of the functional and other impairment complained of by Mrs. Randall may not be attributable to the accident. Her case may be exaggerated. But of all that the jury was the judge. The record is not such as "to indicate a fair probability that the jury were influenced by passion or prejudice" in the assessment of damages within the rule of such cases as Goss v. Goss,
So ordered. *262