21 N.Y.S. 637 | The Superior Court of the City of New York and Buffalo | 1893
The action is to recover $5,000 damages for injuries resulting from the negligence of the defendant’s servant in running over the plaintiff while driving one of defendant’s cars. The jury found in favor of the plaintiff, and awarded him a verdict for $2,500.
In actions to recover damages for personal injuries caused by negligence there is' no fixed standard or measure by which a moneyed remuneration is to be made. True, there are rules by which certain compensatory items of -damage are recoverable; but, beyond these, much is left to the good judgment, experience, and intelligence of the jury, and has no legal measurement save their discretion. While the burden of proof of damages rests, in a general sense, upon the plaintiff, yet if, through no fault of his, the precise damage sustained cannot be accurately determined, the wrongdoer must bear the burden of that