Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 142
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. 1911 edition. Excerpt: ...pain and suffering which he has endured by reason of his injuries, if any, and which you may believe from the evidence he will hereafter endure, if any, by reason of such injuries, ineluding a fair compensation, according to the evidence, for any loss of time caused thereby and for any loss of power to earn money caused thereby, including any diminution of his power to earn money the future by reason of the permanency of his injuries, if you believe they are permanent, even though you_ may believe that such injuries were the result of the ordmary neglect or negligence of the defendant only; and 1f you shall further believe from the evidence that the plaintifi_'s injuries were caused by and were the result of the gross or wanton negligence of the defendant, as defined above in instruction No. 2, then you may, in your discretion, find any additional sum for the plaintifi by way of punitive damages or punishment for the injuries done to him as to you shall seem right and just from all the evidence, not exceeding in all, for the plaintiff, the sum of Fifteen Thousand Dollars ($15,000.00), the amount claimed in the petition." It is claimed that the damages are grossly excessive and that the finding of the jury was brought about, or aggravated, by the clause in the above instruction which authorized the jury to award punitive damages. We are clearly of opinion, however, that this objection is not well founded, for the reason that the size of the verdict shows that it was not awarded as a punishment against the appellant. Where a young man nineteen years old has had his right wrist broken, and was otherwise bruised and injured, with his hearing probably permanently impaired, it can hardly be claimed that $2,600.00 is any more than...
- Paperback | 364 pages
- 189 x 246 x 19mm | 649g
- 13 Sep 2013
- Illustrations, black and white