Page:Federal Reporter, 1st Series, Volume 8.djvu/563

ROSS V. CHICAGO, M. & ST. P. BY. CO. 5*9 �discharged, the party is injured by the negligence of the person complained of, the company is liable. And I say to you that two or three or four weeks would not, in my judgment, be considered an unreasonable time in whioh, under all the eireumstances, a party might delay for the action of the company, upon such complaint having been made. �I think of nothing further, gentlemen, exeept to call your attention to the question of damages in the event that you find a verdict for the plaintiff. You will take into consideration upon that subject, if your verdict is for the plaintiff, all the facts and eireumstances which have been shown to you in the evidence. You will consider carefully the medical testimony and the testimony of the plaintiff, and all the testimony that there is before you touching the nature and the extent of the plaintiff's injuries, and the question as to their probable duration — as to whether they are temporary or permanent, their effect upon his ability to earn a living, to pursue his ordinary avocation since the accident and up to this time, and their probable effect upon his health and strength, and his ability to pursue his avocation or to earn a living in the future. You will consider the pain and suffer- ing which have been the resuit of the accident and injury, and what is probable in the future. You will take into account his expenses for physician and medicines, if that bas been established before you to your satisfaction ; and, upon all the facts in the case, you will determine, as best you can, what would be a reasonable and fair compensation for the injuries of the jjlaintiff, and you will allow him that, and will not allow him what would be considered an unreasonable or excessive amount. It is for you to say, under the eireumstances, what would be fair and just. Of course, it is very difficult to estimate things of this kind. The events of the future cannot be before told with certainty. AU you can do, gentlemen, is to take all the facts that appear before you in this case, and reach the best resuit that you can upon that branch of it, in the event, of course, that you find upon the other questions that I have called to your attention in favor of the plaintiff. �If you find for the plaintiff, the form of your verdict will be as follows : Title of the cause. "We, the jury, find for the plaintiff, and assess �his damages at dollars ; " to be signed by one of your number �as foreman. If you find for the defendant, the form of your verdict will be as follows: "We, the jury, find for the defendant," and signed by the foreman. The jury will find specially upon the question of the negligent character of Conductor McClintock, and the notice thereof to the defendant; and, upon this subject, the form of your ��� �