Dryfoos v. Scavenger Service Corp.
Dryfoos v. Scavenger Service Corp.
Opinion of the Court
Plaintiff Dryfoos recovered a judgment in the District Court for $10,000 against the Scavenger Service Corporation, a foreign corporation for personal injury due, as he alleges, to the negligent conduct of employees of the defendant. Defendant appeals. The questions for review are:
1. Was there evidence of defendant’s negligence justifying the submission of that question to the jury?
2. Was the plaintiff as a matter of law guilty of contributory negligence barring his recovery?
3. Was there a causal connection between the accident and the loss of sight in plaintiff’s left eye?
4. Did the District Court err in the giving or refusing of instructions?
The facts as gleaned from the testimony of plaintiff and his witnesses show that at about seven o’clock in the morning of June 25, 1938, the defendant parked its garbage truck on the south side of 71st Street in the City of Chicago, about fifteen feet west of Jeffery Avenue and headed east; plaintiff walked from a restaurant on 71st Street located about one hundred feet west of Jeffery Avenue and approached the curb at or near the rear of the garbage truck.
After his injury plaintiff was given first aid in a nearby drugstore where a doctor was called. He later on the same day went to his work as a meat cutter. He was employed only one day per week, but continued in such employment. He complained of severe headaches, and within three or four days after the accident began to notice spots in front of his eyes. He was examined by various doctors, including those representing defendant, and at and before the time of trial was concededly blind in his left eye as the result of a detached retina.
Negligence of Defendant.
While defendant asserts in its brief that there is no substantial dispute in the evidence as to the manner of the accident, we find defendant’s witnesses disagreeing in a number of particulars with the picture given by plaintiff and his witnesses. For example, at least one witness says plaintiff ran directly into the ladder, others that the ladder fell on him; some indicate the ladder was lowered slowly, others that it was permitted to drop with considerable force to the pavement. A substantial number of witnesses testified on both sides and the controversy arising from their testimony cannot be here detailed. It presented a most important question for the jury and for the trial court, but one not pertinent to our duties on review. The negligence with which defendant was charged was that it lowered the ladder in a careless and negligent manner without regard to the safety of the plaintiff and without any warning. We think the evidence presented clearly made this a jury question and the District Court rightly submitted such question to them for determination.
Contributory Negligence.
The question of plaintiff’s contributory negligence is likewise a question of fact for the jury unless the court can say as a matter of law that all reasonable minds must agree from the evidence that plaintiff was not in the exercise of ordinary care and that such failure contributed to his injury. Plaintiff entered the street at a place not ordinarily used by pedestrians, but it cannot be said that this fact alone bars recovery. He was rightfully in the street and defendant’s truck was rightfully
We need not -answer these questions, but need only determine whether under all the circumstances they present proper controversial matters. If so, under Our jurisprudence they were properly left to the’ jury for determination. Measured by the conduct of a reasonably careful and prudent person under the given circumstances can it be concluded as a matter of law that plaintiff’s conduct was so unreasonable and so devoid of care for his own safety as to prevent his recovery? We believe not, but on the contrary conclude that this was a question for the jury.
Causal Connection between Injury and Los.s of Sight in Left Eye.
Plaintiff claims that the blow which he received on the right frontal portion of the head caused a detachment of the retina of the left eye and his consequent blindness in that eye. In the determination of this most difficult question we must necessarily lean heavily upon the learning and experience of those skilled in the diagnosis and treatment of human ills. In view of appellant’s most earnest contention that plaintiff failed in this branch of his case, we have studied with great care all of the medical testimony, as well as other evidence, in the record pertaining to this subject. It would not be feasible to here set forth the opposing contentions or even to attempt a digest oof the proof bearing on this question. Many doctors were called on each side, the plaintiff having readily submitted to examination on many occasions by those selected by defendant.
From all the medical testimony appearing ■ in the record, both for plaintiff and defendant, and from all the lay testimony, facts and circumstances bearing upon the subject, but one thing is clear and that is that no one knows to a definite certainty just what caused the detached retina in plaintiff’s eye, resulting in blindness. It may have been from disease, or it may have been from ttauma, or both may have made their contribution. The medical learning upon the subject teaches that the condition may result from many different causes, trauma among them. It is certain that plaintiff experienced a traumatic injury that may have caused or contributed to the condition. Apparently, (though somewhat in dispute) he had none of the diseases prior to the injury that ordinarily cause the displacement of the retina. ■ There is no evidence that he suffered other injury than the one complained of. Under such circumstances, is it completely unreasonable for the jury to conclude that the blow on the head caused the condition? Certainly a very grave question arises from the evidence, and a court bent on arriving at the exact truth is beset with doubt and misgiving.
The law, however, is not an exact science, and its processes cannot always be measured with that certainty which we might desire. We should like to feel morally certain that no wrong is to be done by requiring the payment of damages, but this is not the degree of proof that the law exacts in a civil suit. There is substantial evidence here leading to the conclusion expressed by the jury’s verdict, and under such circumstances our duty is plain. Even though we may disagree with the result reached by the jury we have no right to substitute our judgment for theirs on this question of fact. We are constrained, therefore, to hold that the record presents a jury question on the subject of causal connection.
Giving and Refusing of Instructions.
Under this assignment of error there is but one point deserving of comment in this opinion. Instruction number twelve, after defining to the jury the issues tendered by the complaint and answer, told the jury that if they believed from a preponderance of the evidence that the de
The judgment of the District Court is affirmed.
Reference
- Full Case Name
- DRYFOOS v. SCAVENGER SERVICE CORPORATION
- Status
- Published