VAN DE vmvrmz v. cmosco our RY. co. 35
things considered, are more convinced by the testimony of the lesser
number, they are entitled to take their testimony in preference to
that of the greater number. Still, you are always to consider the
number of witnesses testifying for and against. It is also your duty,
in giving weight to testimony, to consider the interest of the several
witnesses, if any, in the result of the trial, and their relation to and
connection with the parties and the case, as well as the statements
they make, the reasonableness or unreasonableness of their testimony,
and how they are corroborated or contradicted by other testimony or
by the known and conceded facts of the case; also the manner of the
witnesses upon the stand, their apparent feeling or bias, if any, for
or against one party or the other. After full and patient considera-
tion of all the testimony and circumstances, the jury are to consider
how they are reasonably satisued and convinced by the evidence,
taken as a whole.
If you und for the defendant, you will simply say so by your ver-
dict. If for the plaintiff, it will then be your duty to assess the dam-
ages she will, in such case, be entitled to recover from the defendant
on account of the alleged injury.
If you find for the plaintiff, the sources of the damages will be-
Firrst, the expenses necessarily and properly incurred by her in pro- .
curing medical aid and attendance, and for nursing, in consequence
of the injury, to be assessed and found by the jury from the evidence;
second, if you End the plaintiff was disabled by the injury, from at- _
tending to her ordinary business and occupation, compensation for
her loss of time so occasioned by the injury, to be assessed and found
by the jury from the evidence; third, the personal pain and suffering,
physical and mental, to which the plaintiff has been subjected asa
consequence of the injury, to be assessed by the jury from the testi-
mony. The damages which the plaintiff would be entitled to recover
under this last head, in case you find for the plaintiff, are largely in
the discretion of the jury, but they should be proportioned as near as
can be to the extent of the pain and suffering endured by the plaintiff
as a consequence of the injury. They should in no case be excessive
in amount, but made judiciously commensurate, in the sound judg-
ment and discretion of the jury, to the pain and suffering, physical
and mental, so endured by the plaintiff as a consequence of the in-
jury.
There was some evidence on the part of the plaintiff tending to show
that the injury to the plaintiff will be incurable and permanent, on ac-
count of an injury to the plaintiff’s spine; but I think, upon the whole,
the jury would not be justified in so finding, and I understand the
plaintiffs counsel to waive any claim for damages on the considera-
tion of the injury being permanent or incurable; and so you are in-
structed, in case you find for the plaintiff, ·to consider the matter of
damages under the three heads only, as enumerated to you by the
court, and assuming that the injury is not permanent or incurable.