hand, Bassett v. Moberly Paving Brick Co. (1924) Mo. App. —, 268 S. W.

645;

-$3,000; man struck by automobile; both bones of one leg broken near ankle; crutches used for some time; foot and ankle would never be as well as before accident; hand injured, with injury to nerve of hand weakening it probably permanently, Holmes v. California Crushed Fruit Co. (1924) 69 Cal. App. 779, 232 Pac. 178;

- $3,000; mule driver in mine twenty-three years old; hand wounded and torn; one bone broken; use of hand for physical labor permanently destroyed, McHenry Coal Co. v. Robinson (1916) 169 Ky. 121, 183 S. W. 489;

-$2,610; car repairer forty-six years of age earning $100 per month; two fingers and palm of hand permanently stiffened, Texas & P. R. Co. v. Elliott (1916) Tex. Civ. App. 189 S. W. 737;

-$2,500; girl six years old struck by truck; fracture of both bones of arm; hand badly crushed and injured permanently, United Casket Co. v. Reeves (1925) 206 Ky. 581, 267 S. W. 1108;

- $2,500; farmer boy eighteen years of age; loss of use of three fingers of right hand, Torpey v. Davis (1922) 221 Mich. 45, 190 N. W. 710;

-$2,000; woman; side bruised; arm broken at joint; hand permanently stiffened, Louisville v. Dahl (1916) 170 Ky. 281, 185 S. W. 1127;

-$1,500; blacksmith; hand crippled; unable to work for six months, Dittrich v. American Mfg. Co. (1916)

Mo. App., 190 S. W. 1006;

$1,500; elderly negro woman in bad health; injury to hand, elbow, back, hips, and head by jar of collision, causing severe pain, Texas & P. R. Co. v. Tucker (1916) Tex. Civ. App. 183 S. W. 1188;

-$1,500 for personal injuries to man and damage to his car; car damaged beyond repair was valued at $300; $25 expended for medical expense; loss of time approximately $100, with one doctor's bill, amount unknown, still to be paid, leaving approximately $1,000 for compensation for bruises on chest, back, wrist, and

- $1,345; man injured in collision of sedan with truck; cut over right eye; cuts on both hands; abrasions on knees; nervous shock; impairment of use of one finger; "jury allowed him apparently $1,000 in addition to his medical and hospital expenses and the damage to the Ford sedan;" verdict "liberal" but not indicative of passion and prejudice, Sherrill v. Olympic Ice Cream Co. (1925) 135 Wash. 99, 237 Pac. 14;

- $1,294; woman sixty-five years old; wrist broken and deformed; one hand permanently disabled, Radebaugh v. F. W. Woolworth Co. (1919) 214 Ill. App. 365;

-$1,189; laborer eighteen years of age; bones of arm and hand broken, causing stiffening of hand and pain in use thereof, Wilson Hydraulic Casing Pulling Mach. Co. v. James (1925) Tex. Civ. App., 271 S. W. 424;

-$750; railroad employee; injury to hand causing loss of four months' time, Prefontaine v. Great Northern R. Co. (1924) 51 N. D. 158, 199 N. W. 480;

- $300; young child thrown from its mother's arms by starting of train; head bruised and hand lacerated so as to leave scar, Chesapeake & O. R. Co. v. Thompson (1925) 208 Ky. 32, 270 S. W. 464.

Excessive.

The following verdicts for miscellaneous injuries to one hand, usually in conjunction with other injuries, have been declared excessive:

$35,000; man twenty-seven years of age earning $35 a week injured in

derailment of street car; jaw fractured; two teeth lost; nose broken; bones of left wrist and hand fractured; bones of left side of face broken loose from skull leaving disfigurement of face; eye injured; brain injured; use of left arm destroyed; rendered nervous; injuries permanent; affirmance conditioned on remittitur of $12,500, Trowbridge v. Fleming (1925) - Mo. 269 S. W. 610;

- $24,000; telephone lineman twenty-eight years of age; small bones of hand broken; gash over eye, temporary injury to knee and ankle; impairment of eyesight, rectified by use of glasses; temporary mental derangement; "unconscionable to the extent of more than half that sum," Roberts v. Pacific Teleph. & Teleg. Co. (1916) 93 Wash. 274, 160 Pac. 965;

$10,000; section foreman fifty years of age; fracture of wrist; use of hand practically destroyed; not incapacitated from regular occupation; reduced to $7,500, Shepard v. Payne (1922) 60 Utah, 140, 206 Pac. 1098;

$8,000; sliver driven into head, requiring two operations for removal, but then healing; minor cuts and bruises; no proof of permanent disability, Thomas v. Lupis (1921) 87 W.. Va. 772, 106 S. E. 78;

-$8,000; mechanic; two fingers lost; hand weakened and impaired; reduced to $5,000, Truman v. Kansas City, M. & O. R. Co. (1916) 98 Kan. 761, 161 Pac. 587;

- $1,500; man, passenger in taxicab, injured in collision with automobile; cut by broken glass about face, ear, and neck; bone in hand fractured; reduced by appellate court to $500, Brook v. Interurban Motor Transp. Co. (1924) 156 La. 286, 100 So. 428.

44. Head.

(Excludes injuries to the ears, face, neck, nose, jaw, teeth, brain, skull, mind, hearing, eyesight; also excludes headaches and dizziness; see the respective titles indicated.)

Not excessive.

The following verdicts for miscellaneous injuries to the head, usually in conjunction with other injuries, have been sustained as not excessive:

– $17,500; locomotive fireman fortyfive years of age and in sound health prior to the injury; average earnings $142 per month, had earned as much as $70 per month since injury; coccyx broken; one third of ligament connecting lower bone of one of his legs with his kneecap severed; use of his leg greatly impaired, and injury to the knee permanent; severe bruises about his head and body; headaches once a day; suffered intense pain; nervous; memory impaired, Louisville & N. R. Co. v. Stallings (1926) — Ga. App. 133 S. E. 288;

-$17,000; man fifty-five years old severely injured; underwent two operations upon the head, resulting in the removal of a portion of his scalp; left with facial disfigurements; expenses in effecting a cure large; and lost considerable sums of money because of his inability to carry on business, Duryee v. Yellow Cab Co. (1926) N. J. L., 132 Atl. 485;

$1,600; physician sixty-three years of age earning net income of $2,000 per year; scalp wound; pelvis fractured; one leg shortened and stiffened so as to prevent walking without cane and crutch; earnings reduced to $500 per year, Baldwin v. Norwalk (1921) 96 Conn. 1, 112 Atl. 660;

-$13,000; laborer sixty-two years of age earning $3.20 per day; injury to head; right leg severed between hip and knee, Glarizio v. Davis (1923) 110 Neb. 679, 194 N. W. 866;

- $12,500; man thirty-five years of age earning $50 per month; toes of one foot cut off; two ribs loosened from spine; one rib broken; knee severely bruised; shoulder broken; head cut, New v. Hughes (1921) 80 Okla. 129, 194 Pac. 1071;

permanently drawn to one side; jaw muscles injured preventing mastication of food, Gibbard v. Evans (1921) 87 W. Va. 650, 106 S. E. 37;

-$11,310.05; man thirty-two years of age earning $85 per month; blow on head permanently impairing mental and physical condition; probably destroying earning capacity, Hansen v. Sierra & S. F. Power Co. (1916) 32 Cal. App. 333, 162 Pac. 924;

-$10,000; car repairer twenty-nine years old knocked down and dragged by car; permanent displacement of collar bone; fracture of ankle, injury to right ear impairing hearing; bruises on head and body; reduced by trial court from $12,000, Lemm v. Great Northern R. Co. (1924) 159 Minn. 436, 199 N. W. 20;

-$10,000; man; left leg amputated below knee; right foot crushed and broken, but not permanently disabled; injured about head, McWhirt v. Chicago & A. R. Co. (1916) Mo. 187 S. W. 830, affirmed in (1917) 243 U. S. 422, 61 L. ed. 826, 37 Sup. Ct. Rep. 392;

$10,000; man forty-seven years of age; face cut; head bruised, knee severely injured; spine wrenched, Daniels v. Payne (1922) 49 N. D. 370, 191 N. W. 776;

-$10,000; soldier injured in wreck of troop train; twenty-one years old at time of injury; earned $65 per month and board prior to his induction in the Army; permanent weakening of back and shoulder and depression of breastbone; bruises and contusions of the head and body; injuries to chest; injuries serious and permanent, Stoneham v. Davis (1925) · Mo., 280 S. W. 45;

- $8,895; woman; occupation, nurse; wounded and bruised upon all parts of head, limbs, and body; concussion of spine; sprain of the sacroiliac joint; right knee and elbow sprained; severe shock to the nervous system which will be of long duration; intense physical pain; mental anxiety, and distress of mind; disabled from following her usual occupation, Kane v. New Idea Realty Co. (1926) 104 Conn. 508, 133 Atl. 686;

- $8,500; man injured in boarding moving train; cuts in face; gashes in

head; left ear almost severed; left side of face paralyzed; eyes crossed; speech impaired, Pittsburgh, C. C. & St. L. R. Co. v. Friend (1924) 194 Ind. 579, 142 N. E. 709, rehearing overruled in (1924) 194 Ind. 585, 143 N. E. 879;

- $8,500; machinist thirty-eight years of age; jaw broken and permanently out of alignment; pains in head; compelled to earn living as bottle washer, White v. Atchison, T. & S. F. R. Co. (1919) 104 Kan. 120, 178 Pac. 255;

- $8,500; man sixty-two years old earning $100 per month; head and face cut and bruised; nose broken; three ribs broken; collar bone broken, Wenzel v. Busch (1923) — Mo. 259 S. W. 767;

– $8,500; woman; right leg broken; cuts and bruises about head; scar above right eye; nonunion of the fractured leg; in hospital several months; grafting of bone on leg; unable to work; stiff ankle; deformity and scars permanent; shortening of broken leg; hospital and doctor bills $1,010.25. Yorek v. Potter (1926) Minn. 207 N. W. 188;

- $7,600; railroad fireman forty-two years of age earning $125 to $150 per month; head bruised and cut; neck injured inducing throat trouble; bone in hand broken; continued dizziness preventing work as fireman; reduction by trial court set aside, Miller v. Central Taxi Co. (1923) 110 Neb. 306, 193 N. W. 919.

-$7,500; nine-year-old girl; blood tumor in the occipital region, abrasions along the muscles of the spine, severe pains across the pelvis and lower abdomen, lacerations on the foot and ankle, back discolored, suffered from irritability, nervousness, and dizziness, disturbance of the natural functions of menstruation. Linton v. St. Louis Lightning Rod Co. (1926) — Mo. App., 285 S. W. 183;

jured in automobile collision; cut on head; miscarriage produced; displacement of uturus curable only by operation, Potts v. Guthrie (1925) 282 Pa. 200, 127 Atl. 605;

- $7,500; woman fifty-four years of age; fractured skull; two broken ribs; injury to a vertebra of the neck; concussion of the brain; bleeding from the nose; pain in head and neck; constant headaches and dizzy spells; bad memory; unable to rest at night; symptoms indicated injuries to be of a permanent character, Schuette v. Weber (1926) Mo. App. 282 S. W. 109;

--

- $7,000; girl ten years of age; injuries necessitating removal of a large portion of the scalp, Lovas v. Independent Breweries Co. (1916) 199 Ill. App. 60;

– $6,500; advertising solicitor twenty-nine years old, struck by street car; tendons and muscles of shoulder injured; severe bruises on head; several ribs broken; nose broken; legs bruised; lungs, heart, and bladder affected; traumatic neurasthenia; insomnia; permanent disfigurement of face, Shutz v. Wells (1924) App. —, 264 S. W. 479;

Mo.

-$6,430, which, added to the $1,000 previously paid plaintiff by the railroad, made an entire allowance of $7,430 for his injuries; right arm broken above the wrist; serious injury to right shoulder joint; large gash cut in hip; serious injury to the forehead above right eye, resulting in a large and permanent scar and depression in the forehead; skull fractured; confined in hospital nine weeks, subjected to two serious operations; loss of sleep and dizziness, Whitlow v. St. Louis-San Francisco R. Co. (1926) Mo. App., 282 S. W. 525;

- $5,250; married woman twentyeight years of age; scalp wound; fractured pelvis; retroverted uterus; nervous collapse; ability to bear children probably destroyed, Avery v. Thompson (1918) 117 Me. 120, L.R.A.1918D, 205, 103 Atl. 4, Ann. Cas. 1918E, 1122;

-$5,000; railroad flagman; injury to head by being struck by passing train, Payne v. Young (1921) 27 Ga. App. 370, 108 S. E. 312;

$5,000; man injured in street car collision with freight train; four ribs broken; floating rib torn loose and pressed back; spine and neck injured; face cut; several cuts on head; hole torn in ankle; breathing affected; nervous system seriously affected, Union Traction Co. v. Alstadt (1924) 195 Ind. 389, 143 N. E. 879;

$5,000; man seventy-two years old employed in railroad shop, struck by automobile; fracture of spine; fracture of several ribs; scalp wound; numerous bruises; permanently incapacitated from doing former work; reduced by trial court from $6,688.58, Kitchen v. Fashion Garage Co. (1924) 158 Minn. 136, 196 N. W. 929;

- $5,000; man; scar on forehead; injury to back of head; two ribs fractured causing depression of chest and permanent interference with lungs; headaches and dizziness continuing to time of trial, Munsill v. Atchison, T. & S. F. R. Co. (1921) Mo. App. 234 S. W. 376;

- $5,000; woman; back, head, and neck injured; shoulder, wrist, and thumb sprained; hearing impaired; urinary and menstrual disturbances; injury to back and hearing permanent,

Cecil v. Wells (1924) 214 Mo. App. 193, 259 S. W. 844;

-$5,000; man twenty-four years old struck by automobile; leg and ankle broken; leg shortened and impaired; painful injury to head; knee wrenched; loss of time amounted to $2,000, Hart v. Kessler (1924) Mo. App., 263 S. W. 462;

- $5,000; miner twenty-two years of age; head bruised and cut; collar bone broken; wrist fractured and permanently impaired; leg injured and atrophied, Davis v. Freisheimer (1923) 68 Mont. 322, 219 Pac. 236;

- $5,000; woman; cut on the right buttock, which left a large scar; compound fracture of her left toe, permanently deforming that member; first phalanx on second toe mashed, also end of third toe; head badly scraped, causing the loss of some of her hair; index finger on right hand mashed to the extent that the tendon on both sides was exposed, which left the finger scarred, hooked, and permanently stiff; sacroiliac strain; "chances not very good as to her complete recovery." The court said: "It would be quite arbitrary on the part of the court, in view of the kind and character of the injuries received, the pain suffered, and the expense incident to hospital and medical services, to disturb the amount of the verdict returned," Nederhiser v. Chicago, R. I. & P. R. Co. (1926) Iowa,, 208 N. W. 856; -$4,971.33; woman sixty-eight years of age, struck by automobile; head injured; concussion of brain; broken ribs; impairment of mind and memory, preventing intelligent conversation and requiring confinement in institution at times, Jedlicka v. Shackelford (1925) Mo. App. - 270 S. W. 125;

broken; two ribs broken; shoulder dislocated; injury to head traumatic; neurasthenia, Laskowski v. People's Ice Co. (1916) 190 Mich. 331, 157 N. W. 6;

– $3,500; man sixtey-three years of age earning $2.30 per day; head cut; collar bone broken, causing 60 per cent impairment of shoulder joint; permanent paralysis of a facial nerve reduced by trial court from $4,500, Geiger v. Sanitary Farm Dairies (1920) 146 Minn. 235, 178 N. W. 501;

- $3,300; child three years of age; severe laceration of forehead, leaving permanent scar; order requiring remittitur of $1,800 reversed, Walke v. Premier Pocahontas Collieries Co. (1923) 94 W. Va. 38, 117 S. E. 905;

- $3,204; woman earning $35 a week as trained nurse; injured in collision between train and automobile; face cut; legs, arms, head, and neck bruised; spine injured; suffered from nervousness and headaches; actual money loss $1,800; reduced by trial court to $2,000; verdict reinstated by appellate court, Fitzgerald v. New York C. R. Co. (1926) 215 App. Div. 1, 212 N. Y. Supp. 749;

$3,150; man beaten over head with blackjack and kicked, seriously and permanently injured and disabled from following prior occupation, Sabins v. Kansas City (1921) 109 Kan. 133, 197 Pac. 860;