202 N.W. 1004 | Mich. | 1925
The law governing this case was settled in Stone v. SinclairRefining Co.,
We think the verdict excessive, in the sense of a pecuniary measurement in a judicial proceeding. We recognize the delicacy attending the measuring of a money compensation for pain and suffering arising from injuries, but it must be done, and, when done, the amount must be within reason. No sum of money could be set against her suffering and be said to pay for it; neither does the law attempt to reach any such impossible composition. The law does not admit of an award beyond such a reasonable sum, considering the nature and extent of the injuries, the suffering occasioned thereby, and the duration thereof, as will approximate a pecuniary satisfaction. This action involves only the pain and suffering of Mrs. Stone for four hours. The circuit judge repeatedly so instructed the jury. An anæsthetic was administered to alleviate her suffering, but she was not rendered unconscious thereby, being able to recognize and talk with her husband and others, make inquiry about the children, answer questions and realize she was about to die. This consciousness obviates the fault found with the instruction given the jury, relative to consideration of whether Mrs. Stone was conscious or unconscious, and mentioned in Stone v. Sinclair Refining Co.,
Upon the question of whether damages for pain and suffering are excessive, cases found in the books are of little help, for no two cases are alike in the nature and extent of injuries received and suffering experienced. Such cases disclose only the trend of judicial opinion upon the subject. This court has repeatedly determined verdicts in personal injury *474
cases excessive, noted the excess and afforded opportunity to remit or submit to reversal. See Swaczyk v. Detroit Edison Co.,
In St. Louis, etc., R. Co. v. Craft,
We have called attention to these cases, and might cite others, not to show any fixed rule employed, but of method, intended to eliminate from verdicts all reflection of resentment, sympathy, passion, prejudice and sense of horror. Assessment of damages for pain and suffering demands calm calculation, to some extent a heartless computation, and the feelings must *475 be held in check, in order to arrive at a reasonable money award.
If plaintiff, by remittitur filed within ten days, reduces the judgment to $4,000, it will stand affirmed at that amount, otherwise reversed and a new trial granted. In either event defendant will recover costs.
McDONALD, C.J., and BIRD, SHARPE, MOORE, STEERE, and FELLOWS, JJ., concurred. CLARK, J., did not sit.