Whitehead v. Newton Oil & Mfg. Co.
Whitehead v. Newton Oil & Mfg. Co.
Opinion of the Court
delivered the opinion of the court.
Sam Whitehead wás employed by the Newton Oil &. Manufacturing Company as a common laborer. He was directed by one in authority to assist a carpenter in the repair of certain beams or braces which supported a mixing apparatus and a tank containing sulphuric acid. There were leaks in the tank through which the acid dripped, and this was known to those in charge of the company’s plant, but was unknown to Sam. It does not appear that he was informed of the leak, or warned of the danger attending the work about the tank. While performing the labor as directed, a drop of the acid fell into his left eye. By reason thereof he has lost the sight of that eye, and the other eye is affected to the extent that its functions will perhaps be gone in a few years' when he will be totally blind.
The jury rendered a verdict in favor of appellant, and thereby decided that his injury resulted from the negligence of appellee. The verdict, however, was only for the sum of one hundred and seventy-five dollars. We-consider this sum grossly inadequate, so much so, in fact, that we do not believe the judgment in the case should be permitted to stand.
The judgment is therefore reversed, in so far as it adjudges the amount of damages to be recovered, but in
jReversed as to the amount of damages, and remanded.
Reference
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- Sam Whitehead v. Newton Oil & Mfg. Co.
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- Syllabus
- Damages. Inadequate damages. Loss of eye. Where, in a suit for damages by a laborer against his employer, it was shown that through the negligence of the employer one of the eyes of the laborer was entirely destroyed and the other eye was so affected that its functions will perhaps be gone . in a few years, when he will be totally blind, the verdict of a jury awarding one hundred and seventy-five dollars was grossly inadequate and the court on appeal will set aside the judgment as to the amount of damages to be recovered, but will allow the judgment as to liability to stand.