Therefore the points I have to jer are:—A permanent injury to elbow and probably a permanent loss of feeling, not to a very great extent, (and one of the doctors for the defendant considered it woul. not interfere with typing) in two of her fingers. I have also to consider the pain and suffering which wwe to endure, the doctors has Segre may stating that the massage of the elbow in the past must have caused considerable pain and might cause some in the future. It is also necessary to consider the expenses of the fature treatment by massage wich if it does continue for eight months, with the same frequency that has been necessary up to the Present will amount to Tls. 700 or more. Iam also asked to consider ess of remunerative work since the accident and for some period to The plaintiff is a married woman and has been living with and dependant upon her mother, her husband being an Austrian at present living in Austria and not in a po tion to support his wife, The evidence as to her employment lost through the accident is not very adequate, It is that just before the accident a friend of her husband's had offered her a post as stenographer or typist, ard she thought he would give her about $150.a month. This appears to have en her first attempt to get work ice she began living with her mother a year and a half ago. It may be that she has lost something from not being able to work and it may be that she does intend t> earn her living in some way in the future until her husband is able to support her.
But I have very little evidence to rely upon on this matter and can only take into consideration that she may have lost some small sum, It is a dificult thing to assess damages for pain and suffering. As Lord Halsbury LO. says in the "Mediano" ease (1900) A.C.
"How Is anybody tom and suffering body can sugiest 1 the exact amount of money. which could' represent sch. a thing as pain and suffering undergone."
And he goes on to suggest that!
would be arguable that no damages should be claimed for pain and suffering as he' says "What manly mind cares about pain and But it is injured shall pain and suffering, to be considered damages.
The piaintif€ has already had to! pay 'Tls. 787-for medical attention and treatment from May 16° August 11, during a period of three months, and it is very probable that she will have to pay ' medical, massage and other fees for another' period of three months and perhaps for eight months which may brit her total out of pocket expenses Tls. 2,000 or more,
Text read from the printed page and cleaned; old type leaves the occasional error.