McNary

This is an appeal from a judgment in the sum of $3,000 awarded plaintiff by a jury, for personal injuries sustained by him.

The injuries to plaintiff were sustained when defendant, losing control of his automobile, crashed into a building in which plaintiff was employed, causing the timbers thereof to fall, which struck plaintiff, inflicting the injuries complained of. Defendant admits liability by reason of his negligence, but claims there is no evidence to support a verdict in the sum of $3,000, and that the same is excessive.

The record discloses that plaintiff is fifty-six years of age, married and living with his wife and minor daughter, and prior to the accident was in good health. The plaintiff established that by reason of the accident he suffered the loss of four teeth, a crushed knee-cap which will cause a permanent limitation of motion, injury to the nose, which interferes with his breathing, causes headaches and impairment of hearing, as well as temporary pain and suffering; he also lost nine weeks’ wages, which to the date of trial amounted to $315.

Appellant points out that plaintiff sought no medical aid other than a treatment of his mouth where his teeth were…