The Western Jurist Volume 6 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872 edition. Excerpt: ... on the part of the defendant, together with a fair and reasonable compensation for the future pain. suffering, and anguish which it is reasonably certain from the evidence that he will yet have to suffer; and the loss and damage which you believe, as reasonable men, he will necessarily sufl'er by reason of the permanent injury to his hand in its efl'ects on his power to earn money and conduct business and improve his prospects for life." This instruction is one of a series, and follows others in which the questions of fact respecting the care and negligence of defendant, the injury to plaintifl', its causes and extent are carefully and fairly referred to the jury for their consideration and finding. The tenth, as above set out, .is then given as a rule whereby the jury should measure the dama-V ges to which the plaintiff might be entitled upon the different hypotheses of fact before referred to them for their finding. Having thus in view the_whole series of instructions, it can hardly be fairly said that the court indicated to the jury What facts had been proved. When taken in connection with the other instructions given, we think the law is stated in the tenth " ill such a manner as to enable a person of common understanding to know what is intended," and this is sufficient even in criminal law. (Revision, section 4657.) It may be true that the language of the instruction when subjected to the test of hypercriticism, may seem vulnerable to the objection made; but not so, when fairly construed and taken in its plain and ordinary meaning. There could be, of course, no objection to stating the substance of the instruction in more guarded and unmistakable language. The same in substance, may be said of the other...