Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 108
xiii, 111 p. : ill. ; 23 cm.View a full description of this report.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
DAMAGES FOR INJURIES TO MINERS.
ELEMENTS OF DAMAGES.
PERMANENT INJURY-OPINION OF INJURED PERSON.
In an action by a miner to recover damages for injuries wholly
internal and showing no visible evidence of permanency the plaintiff
himself is not competent to give his opinion that the injury is perma-
nent, but proof of the permanency of such injury can be made by an
expert only.
Ward v. Liverpool Salt & Coal Co. (West Virginia), 92 Southeastern 92, p. 96.
DAMAGES NOT EXCESSIVE.
INSTANCES.
A verdict for $8,000 was not regarded as excessive where an able-
bodied miner had three fingers on his right hand so badly crushed,
broken, and lacerated that they had to be amputated and where the
amputation performed by the surgeon of the mining company was
such that the nerves were exposed and that a second amputation
would be necessary in order to prevent constant pain.
Superior & Pittsburgh Copper Co. v. Tomaich (Arizona), 165 Pacific 1101, p. 1104.
In an action by a miner for damages for injuries where the proof
shows that the injury was what was known as a "green break" of
one of the bones of the leg, which means that the bone was bent and
cracked on one side, that the suffering was not long continuing, the
doctor's bill was $15, the time missed was three months and the
wages $2.84 a day, a verdict of $750 is not such as to indicate that
the jury acted from prejudice, partiality, or corruptness and can not
as a matter of law be said to be excessive.
Otter Creek Coal Co. v. Archer (Indiana App.), 115 Northeastern 952, p. 953.
108
Upcoming Pages
Here’s what’s next.
Search Inside
This report can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Report.
Thompson, Joseph Wesley. Abstracts of Current Decisions on Mines and Mining: May to August, 1917, report, December 1917; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc38745/m1/122/: accessed March 28, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.