The Archive · 1927

Assessment of Damages

Pleadings in due course were ordered but' before the hearing of the case the defendant paid Tls. 1,000 into Court and _admitted Viability, and all that remained to decided in the matter was the asceasment of damages.

The facts of the case are as follows:—On May 16, the plaintiff was riding in a riesha and the riesha, threw the pavement and the plaintiff very serious fracture of the right elbow.

There is no doubt that the plaintiff was thrown on to the pavement with considerable violence and must have suffered great pain and shock.

She was taken at once to the hospital where she bad to remain 19) days and has now been 13 weeks under treatment. The injuries still resulting from the accident, are alleged to be a permanent injury to the elbow joint of the right arm, and a loss of feeling in the third and little finger of the right hand due to atrophy of some nerve. The doctors who have given evidence (Drs. O'Hara and Webb on behalf of the plaintiff and Drs. Friedlander} and Wall on behalf of the defendant) all more or -less agree that the injury to the elbow will be permanent but differ somewhat as to the degree to which the may be able to bend her elbow in the future and vary as to the percentage of future disability, but the variation is not of a very great degree.

They are also agreed that ths plaintiff with have to undergo mass. age and electrical treatment for the elbow and fingers for some months to come, the period differing, as between the plaintiff's doctor: and the defendant's doctors, from eight or more months to two three months, respectively.

Text read from the printed page and cleaned; old type leaves the occasional error.

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