Wasicek v. M. Carpenter Baking Co.

There is no yard-stick by which either the jury or the court can accurately measure the damages in a case of this kind. The legislature has said that the jury shall assess such sum as they deem fair and just. Courts, while recognizing the primary right of the jury to fix the damages as in their judgment seems fair, have laid down some tests of reasonableness within the limits of which the jury may be confined. These tests are not and cannot be the same in all cases. The jury is confined by law to consider pecuniary loss only. That includes, of course, all valuable considerations. Counsel for…