Dietrich v. Giebisch
Dietrich v. Giebisch
Opinion of the Court
If the evidence were in fact inadmissible nevertheless it was seasonably and emphatically withdrawn from the consideration of the jury and, according to the uniform decisions of this court, the error was cured.
It is to be noted that a man’s habits of industry and sobriety are important elements in determining the amount of the damages he is entitled to recover for a personal injury. An eminent authority expresses it thus:
“The amount of damages must, of course, depend upon the calling in which the plaintiff was engaged, the amount of money which he was able to earn, the steadiness, regularity, etc., of his employment; and evi- ■ dence of these facts is pertinent and admissible. And testimony to the effect that plaintiff’s time was not spent in a useful occupation, but squandered in pleasure-seeking and dissipation, is admissible in miti*421 gation of damages”: 6 Thompson on Negligence, § 7287.
In 8 R. C. L., page 478, Section 41, the following rule is announced:
“In estimating such damages the jury should take into consideration the profession or business of the plaintiff; the effect of the injuries ’ upon his ability comfortably to pursue such profession or business; the extent and seriousness of the injury; his previous earning capacity, or the fair value of services such as he was able to render; the probable duration of such capacity; his ability and disposition to labor; his skill and ability in his occupation or profession; his age; position in life; state of health; business and other habits; and his expenditures. ’ ’
It is difficult to see how evidence of a man’s habits and disposition to labor could be presented to a jury other than by the testimony of witnesses who have known him and can bear witness to his sobriety and industry. We therefore conclude that the judgment should be affirmed and it is so ordered. Affirmed.
Reference
- Full Case Name
- DIETRICH v. GIEBISCH
- Status
- Published