District of Columbia v. Holton
District of Columbia v. Holton
Opinion of the Court
delivered the opinion of the Court:
On February 7, 1898, the appellees, Hoyt A. Holton and Melvie M. Holton, his wife, instituted this suit to recover damages from the appellant, The District of Columbia, for
At the trial of the cause in the Supreme Court of the District of Columbia before a jury, various exceptions were taken on behalf of the defendant to rulings of the court on instructions requested, and one exception was reserved to the introduction of certain testimony. Only five of the alleged errors are greatly insisted on before us; and one of these, which was most strenuously pressed upon our attention, was the refusal of the trial court peremptorily to direct a verdict for the defendant on the ground both of the alleged failure of proof to show negligence on the part of the defendant, and of the sufficiency of proof of contributory negligence on the part of the injured plaintiff. But we are not satisfied that it was error in the trial court, under the condition of the testimony in the cause, to submit the case to the jury for its determination.
We think, however, that there was error in the rule for the measure of damages given to the jury.
The eighth instruction requested by the defendant was in these words: “The jury are instructed that there can be no allowance of damages in this case for any injuries to the uterus or spine of the female plaintiff resulting from any fall which the evidence shows she suffered after March 8, 1897.” This was very properly refused by the court unless it was in some way qualified. Counsel for the defendant offered no qualification of it; but the counsel for the
It is difficult to understand the instruction as given to the jury with the superadded qualification. It was evidently prepared in haste .and without "due consideration. It is in fact meaningless as it stands; and it is only by conjecture that any definite signification can be extracted from it. The jury were told that'they should not “mitigate the damages, if the pain and suffering were merely aggravations of specific diseases and disorders existing at. the time,” as though it were their duty first to assess a definite lump sum, and then to diminish this sum only in the event that certain pain and suffering were not the result of certain “ specific diseases ana disorders.” This is not the proper way to state the rule of damages. It is plainly confusing and misleading.
The jury were entitled to have the law laid down to them in plain and simple form, intelligible to the ordinary mind, and free from doubt. That this instruction failed to conform to that requirement, is very evident. It is very clear that it tended to confuse and mislead the jury; and for that reason alone, if for no other, it must be regarded as error for which the judgment must be reversed.
But this instruction is objectionable on another and more serious ground. It allows too great a latitude in the estimation of damages. It authorizes the jury to take into consideration remote and indirect damages for which there might be some other efficient cause. If, for example, confronted by some sudden danger or under the influence of some sudden terror, the injured plaintiff sought to escape from a place of peril, and in consequence of the weakness
This rule is well illustrated in several adjudged cases-See Marble v. Worcester, 4 Gray, 395 ; Sharp v. Powell, L. R. 7 C. P. 253; McTavish v. Carroll, 13 Md. 429 ; Penna. Co. v. Roy, 102 U. S. 451; Smith v. Bolles, 132 U. S. 125 ; Memphis v. Brown, 20 Wall. 289 ; although the last two cases were not for torts, but for breaches of contract.
Being of opinion that there was error in the ruling of the court with reference to the instruction in question, and that it tended to mislead the jury, we are constrained, on account of it, to reverse the judgment, and to remand the cause to the Supreme Court of the District of Columbia with directions to award a new trial.
The other assignments of error it is unnecessary to consider here.
The judgment appealed from will be reversed, and the cause will be remanded for a new trial. And it is so ordered.
Reference
- Full Case Name
- DISTRICT OF COLUMBIA v. HOLTON
- Status
- Published
- Syllabus
- Damages ; Instructions to Jury. In an action by a husband and wife against the District of Columbia to recover damages for an injury to the female plaintiff resulting from a fall against a pile of bricks piled on or near a sidewalk, an instruction to the jury requested by the defendant, that damages could not be recovered for any injuries to the uterus or spine of the female plaintiff resulting from any fall suffered by her after the date of the original injury, was refused, but at the plaintiff's request was qualified so as to instruct the jury that they should not “ mitigate the damages, if the pain and suffering caused by subsequent falls were merely aggravations of specific diseases and disorders existing at the time, which had been caused by the fall complained of in the declaration, and said subsequent falls were the actual and natural result of a weakened condition of limb resulting from the first fall and were not the result of negligence on her part.” Held, that it was error to grant this instruction, as it tended to mislead and confuse the jury and allowed too great latitude in estimating damages.