Swendsen

A train operated by the defendant collided with a car (also under defendant’s control), in which plain tiff was riding as a passenger. The plaintiff was injured, and brought this action to recover damages. The defendant admitted liability, and the only matter in issue was the amount of damage. The jury returned a verdict for nineteen thousand five hundred dollars'in plaintiff’s favor. Judgment for this sum was entered. The defendant appeals from the judgment and from an order denying its motion for a new trial.

It is claimed that the verdict was excessive. There was testimony to show that, at the time of the accident, the plaintiff was twenty-nine years of age. Her expectancy of life was thirty-five years or more. She was a young woman in perfect health, of unusual vigor and vitality, and had been earning, as a masseuse, a yearly income of five thousand six hundred dollars. The trial took place ten months after the accident. During the intervening period the plaintiff had been unable to do any work, and she remained incapacitated at the time of the trial. Her condition had not improved during the interval ; on the contrary, it was-, in some respects, worse than it had been…