The Archive · 1927

Question of Fair Compensation

In a case "Ward v. Thompst recently tried at Birmingham assizes before a-Judge and jury, the jury assessed the damages' at 42,740. That was the case of the defendant driving a motor car negligently and causing very serious injury to the plaintiff which was a permanent injury. The injury la flicted was of a much more serious character than in this ease. The plaintiff sustained a fracture of the skull and of the spire and was made a cripple for life. I mention this case because a judge in assessing damage has to put himself to 'a certain extent into the position of a jury and determine what is reasonable view of the case, that is, the view of a reasonable man under all the circumstances of the case, as fair (not a perfect compensation, as that cannot be: done) but a fair compensation for the jury caused and pain suffered. am of opinion taking all the circumstances of this case into consideration that the sum of Tls. 6,000 including the amount set out for special damage, is as near as I can arrive at the proper and fair compensation to the plaintiff for the jury that she has suffered through the negligence of the defendant's [servant and costs.

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

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