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Indirect Damages

Indirect Damages image
Parent Issue
Day
28
Month
June
Year
1872
Copyright
Public Domain
OCR Text

We are none of us over-learned in th law, or overoharged with cominon-sense ; but whatever of the latter we may pos30S3 we may practico ■without a license, and ask no favors of high Commissions or Boards of Arbitratión. Toni Jones gets into a little dispute with his neighbor, John Brovrn, which is settled at last by his being unceremoniously knocked down and baaten. He is carried home ttf Mrs. Jon?s in a bruised ajid bloydy cojl dition, and Mrs. Jones, beiug a sensitivo person, aud in a situation that makes her paculiarly susceptible to untoward impressions, brings prematurely into the world a pair of twins. After thia, she lails naturally into a weak and nervoup state, that unfits her for doing the work of her family. Cousequently upbñ this Jonis beoumes ombarrassed in kií affnirs, and takes to drink and idluness. The constíquences of the mishap go on multiIjlying in various directions, until wo can nu iouijur lonow in'i mreaus 01 sccona, third and fourth causes ; and tbeiudirect or consequential damages widen lika the waves trom a dropping pebble, until the whole oc(an ot' liíc responda to the original disturbance. Muiiuwbüö tüe law comes in and takes coguizj.uce of Mx. Brown' violeuce. He is ttireated by the pólice t.nd brought bet'ore a iustice. Thu justice beoomea contfiuoeü of thw i'acts of the caae, and with the etatute iu such case mado and provided bufore him, seutenees Mr. Brown to pay a tine ot ten dollars, in defiult of winch paymeut he ia to be imprUouod- we wili stvy tor thirty days. He pays the tine with a triumpbál air, and valks out of court. Mr. Jones Bimply says : " Xhis is all very well now, but I have gtill a ciaiin tor indirett or consequential daiuagus, and those are not to l;e detr . nuried to-dny, or this yaar, or this decade." ubsequently he p'rosecütes Mr. Brown or cuiiiequential damages, chargiug ïim : - Vrd, With the ruin of his wife'a health nd thu loss ói her housewifeiy services. tí.corul, Fot the loss of the services of vo boys tor a given penod ot tinie. Third, With tüe coat oí' tho liquor tliat i'u djinujtti: trials have iuduced him to .uaiider. if'tn, Wifh tho loss of the satisfactioa hut comes i'roin tho posession ot' ft healiiy umi huppy wii'e, and a piir of atïaciüiiite and iudutriou;; ohi.arjn. , Vfitl'. the loss of ms self-respect and the respect ot' the oommuuity. SwÓSMh- But there is no end of ths ist, and no possible footing up of the igures in the column. It uiay amount o t'r'c thousand, or tett thousand, or wenty thousand dollars. Whatever ths uru juay lie, Xr. Jonos, in his scarred and illy oíd age, is told by the justice thftt 10 he has uo case, that no such thing as in estimate and statomsai of coiisequenial damages r& possible to a finite mind, and that he cannt recognize his claims. t is not impjrtinent to state that Mr. Jrown, who becomes very angry at learnng what Mr. Jonos is trying todo, would ave his dignity by simply laughing at a laiin whioh in the nature of t.he case caa never be reduced to figures and never atisfied ffow, if Mr. Jonos has senso enough eft to coinprehend the situation, and oan[or enough to acknowledge his error, here is no reason why he and Mr Brown niay not sit down and smoke many a pipe ;ogether in their oíd age, and be very ;ood neighbors. And if any of Jones's rienda sliould acense him of backing Lown or surrendoring, etc, they would imply show themscl ves. the enemies of ;ood neighborhood and coramun-sense. iones unaoubtedly had bad advisers, who ought to have known better than to put iim up to so foolish a business ; and the juickur hc gots lid of thora tKo better. There is a principie underlying thiï ïoniely illustrativo case which governs arge thingS as well as little. No diploniacy can change. it, no petifogging or special pleading can Rubvert it. Oonsequontial divmages in all wrong-doing are simply incalculable, and beyond the cognizance of human tribunals of every sort.

Article

Subjects
Old News
Michigan Argus