Fox v. Borkey
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF BERKS COUNTY. No. 196 January Term 1888, Sup. Ct.; court below, No. 87 January Term 1887, C. P. On December 31,1886, William Borkey and Louisa, Ms wife, for use of the wife, brought an action of trespass against Benjamin Fox, to recover damages for personal injuries to the wife.
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ERROR TO THE COURT OF COMMON PLEAS OF BERKS COUNTY. No. 196 January Term 1888, Sup. Ct.; court below, No. 87 January Term 1887, C. P. On December 31,1886, William Borkey and Louisa, Ms wife, for use of the wife, brought an action of trespass against Benjamin Fox, to recover damages for personal injuries to the wife. Issue. ' At the trial on December 4,1888, it was shown in substance that the defendant was the OAvner of a farm upon wMch in the year 1886, Mr. Borkey was employed as a cropper, receiving one half the proceeds. On October 25,1886, the defendant went into a field to blast out some…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell :
This is one of those verdicts, unfortunately too frequent, which are dictated by the sympathies and not by the common sense of juries. According to the plaintiff’s account, a perfectly healthy young woman was reduced to a physical wreck by the grossly negligent, if not intentional, misconduct of the defendant. It was a case that called loudly for exemplary *169damages, if fox any, and yet tbe jury gave but $900. It is manifest that the jury themselves did not believe in the plaintiffs case, but on the communistic principle that as somebody was hurt, somebody else,…
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