Nelson v. Milwaukee Electric Railway & Light Co.
Nelson v. Milwaukee Electric Railway & Light Co.
Opinion of the Court
It appears from the evidence that the decedent left her home on the morning of May 28, 1926, wearing a black dress, a sport coat with large blue and white checks, and a blue silk hat with black trimming. The acci
Although the motorman took the names of passengers on the street car as witnesses, only one passenger was produced
We think the evidence abundantly justifies the finding of the jury that the decedent was a passenger on the car and was injured therein by reason of the collision. It was a circumstance for the jury to consider that the motorman should take the names of passengers in the car, of whom there were a large number, and that the company should fail to produce a single witness who was so situated as to see the decedent where she was seated. Also, the jury could consider the circumstance that the claim agent should visit the decedent shortly after the accident, and seek to settle her claim against the company and continue his solicitations from time to time thereafter. The jury could consider the fact that the company physician should have treated the decedent for ten days without explanation of why he did so. Unquestionably the jury might reasonably infer that the decedent was injured in the street-car accident, to the knowledge of the company.
Prior to the accident decedent was apparently a healthy woman. For a long time she had worked continuously at a florist’s, earning $5 per day. She left home the morning of the accident in good physical condition. In the evening her daughter found her in bed, ill, nervous, greatly exhausted, and in pain. She vomited, could not eat, and had pain in her chest, back, and limbs, which continued until her death some two months later. She could not eat and frequently
After the death of the patient an autopsy was had on the body, and it was found that the decedent had old adhesions of the pelvic organs and of the stomach, which adhesions might have contributed to the nausea of the patient. Assuming that such adhesions were contributing factors to the patient’s suffering and disability, the jury may well have found that they were incited to activity by reason of the accident. The patient had been entirely healthy for a long time prior to the accident, but developed the nausea and suffering immediately following the accident, which continued until the operation. However, the expert medical testimony in behalf of the parties was so at variance that it was within the province of the jury to find the facts. Clearly, the evidence was sufficient to take the case to the jury as to the illness of decedetit being proximately caused by the accident.
The defendant claims the damages are excessive. The damages are assessed for the pain and suffering at $2,500. The pain and suffering were extreme for a period of two-
There was a suggestion on the argument that the allowance in the verdict for funeral expense was improper. This objection' was not made to the trial court, nor is it found in the brief of counsel. By reference to the bill of exceptions we find that Dr. Miloslavich, called by the appellant as a witness, testified that death resulted from the operation. The operation, it was conceded, was performed by a competent surgeon to relieve the patient from the condition attributable to the accident. Hence, the funeral expense was properly included in the verdict.
By the Court. — The judgment of the circuit court is affirmed.
Reference
- Full Case Name
- Nelson, Administratrix v. Milwaukee Electric Railway & Light Company, imp.
- Status
- Published