Dinner AND a show Rupert! Bravo! :)
Cheers!
Jan
On 6/12/2018 11:08 PM, Rupert Gamlen wrote:
As things are a bit quiet, here is a report from Railway Review 1894.
A decidedly novel decision was lately handed down in the United States circuit
court at Council Bluffs. It appears that a Mrs. Honey, while on her way to the
depot at Red Oak. Ia., a station on the C., B. & Q. R. R., was run over and
permanently crippled by a switch engine. She sued the Burlington road, and her
husband sued the same road. Her suit was for pain and suffering endured by her and
the injuries caused to her person. His suit was for loss of society of his wife and
her aid in taking care of the household and for expense of medical attendance,
etc., during his wife's illness consequent upon the accident.
Judge Shiras instructed the jury that before a judgment could be found against
the company in either case the jury must find if the injury was caused by the
negligence of the company; and that if the negligence of Mrs. Honey contributed
to the injury, Mrs. Honey could not recover. Her negligence defeated her
recovery. But that Mr. Honey could recover if the company was negligent, even
though his wife's negligence contributed to the injury. Her contributory
negligence would not defeat her husband's right to recover damages. The two
suits were tried together and the jury refused to give Mrs. Honey any damages,
but gave Mr Honey $3,000 damages.
And my take on the situation -
Mrs Honey sued for money,
But the jury said
She and the Q were both to blame
So she would get no bread*
Her other half was missing out
On homely things and aid
To run the household without her
He felt he should be paid
The fault lay with the Burlington
The jurymen agreed
The foreman replied to the judge
The husband is in need
Of cash to pay the doctor's bills
And help to do the cooking
He knew the error was his wife's
Because she was not looking
But when he comes home from his work
His wife is on her back
She cannot make him comfortable
Because she crossed the track
The switcher could have stopped for her
The negligence is clear
The jury liked the husband's case
He'll get his justice here
The railroad clearly was at fault
But so was Mrs Honey
So unlike his poor crippled wife
The husband gets the money
(* rhyming slang
"bread & honey" - money)
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