"But the instruction given only authorized them, in assessing damages for the injury caused by the defendants to the plaintiff, to take into consideration 'his bodily and mental pain and suffering, both taken together' ('but not his mental pain alone'), and such as 'inevitably and necessarily resulted from the original injury.' The action is for an injury to the person of an intelligent being; and when the injury, whether caused by willfulness or by negligence, produces mental as well as bodily anguish and suffering, independently of any extraneous consideration or cause, it is impossible to exclude the mental suffering in estimating the extent of the personal injury for which compensation is to be awarded. The instruction was in accord with the opinions of this court in similar cases." We find no error in the charge in this respect.

As to the alleged error in charging the jury that damages could not be recovered in excess of the sum claimed in the declaration, the court was careful to say to the jury that the sum claimed should not be taken as a criterion to act upon, but that it was only a limit beyond which they could not go. We cannot see how the plaintiff in error was prejudiced by this instruction.

The judgment of the Court of Appeals is

Affirmed.

202 U.S.

Opinions Per Curiam, Etc.

OPINIONS PER CURIAM, ETC., FROM APRIL 17 TO MAY 28, 1906.

No. 253. WISHKAH BOOM COMPANY, APPELLANT, v. THE UNITED STATES. Appeal from the United States Circuit Court of Appeals for the Ninth Circuit. Argued April 25 and 26, 1906. Decided May 14, 1906. Per Curiam. Dismissed for the want of jurisdiction. Haseltine v. Central Bank, 183 U. S. 130; Schlosser v. Hemphill, 198 U. S. 173; United States v. Krall, 174 U. S. 385; McLish v. Roff, 141 U. S. 661; Act of August 13, 1888, 25 Stat. 433, c. 866, sec. 1; United States v. Sayward, 160 U. S. 493, 498. Mr. Austin E. Griffiths for appellant. The Attorney General and Mr. Milton D. Purdy, Assistant to the Attorney General for appellee.

No. 631. W. E. TRENCHARD ET AL., APPELLANTS, v. F. KELL ET AL. Appeal from the Circuit Court of the United States for the Eastern District of North Carolina. Motion to dismiss submitted April 30, 1906. Decided May 14, 1906. Per Curiam. Dismissed for the want of jurisdiction. Maynard v. Hecht, 151 U. S. 324; Colvin v. Jacksonville, 158 U. S. 456; The Bayonne, 159 U. S. 687; United States v. Rider, 163 U. S. 132, 139; Chamberlin v. Peoria &c. Ry. Co., 118 Fed. Rep. 32, and cases cited. Mr. Williamson W. Fuller and Mr. Herbert Noble for appellants. Mr. F. H. Busbee and Mr. Robert M. Hughes for appellees.

No. 216. THE INTERSTATE COMMERCE COMMISSION, APPELLANT, V. THE LAKE SHORE AND MICHIGAN SOUTHERN RAILWAY COMPANY ET AL. Appeal from the Circuit Court of the United States for the Northern District of Ohio. Argued April 10

Opinions Per Curiam, Etc.

202 U.S.

and 11, 1906. Decided May 21, 1906. Decree affirmed with costs by a divided court. (Mr. Justice Holmes took no part in the consideration of this case.) The Attorney General, Mr. John G. Carlisle and Mr. L. A. Shaver for appellant. Mr. Adelbert Moot, Mr. George C. Greene, Mr. George W. Wall, Mr. George F. Brownell, Mr. Frederick W. Stevens and Mr. Edgar J. Rich for appellees.

No. 249. THOMAS C. GUTIERREZ ET AL., APPELLANTS, V. THE TERRITORY OF NEW MEXICO EX REL. THOMAS J. CURRAN ET AL. Appeal from the Supreme Court of the Territory of New Mexico. Submitted April 25, 1906. Decided May 21, 1906. Per Curiam. Dismissed for the want of jurisdiction on the authority of Albright v. Sandoval, 200 U. S. 9. Mr. W. B. Childers for appellants. Mr. Frank W. Clancy for appellees.

No. 685. FRANCISCO DONES, APPELLANT, v. JOSE URRUTIA, WARDEN OF THE PENITENITARY OF PORTO RICO. Appeal from the Supreme Court of Porto Rico. Submitted May 14, 1906. Decided May 28, 1906. Per Curiam. Final order affirmed with costs. Act April 12, 1900, 31 Stat. 77, c. 191, secs. 33, 34, 35, 15; Ortega v. Lara, ante, p. 339; Perez v. Fernandez, ante, p. 80; Porto Rican Laws and Code of Civil Procedure, 1904, pp. 103, 104, 110; Ex parte Ward, 173 U. S. 452, 454; United States v. Bellingham Bay Boom Company, 176 U. S. 211, 214. Mr. Frederic D. McKenney and Mr. J. S. Flannery for appellant. The Attorney General and The Solicitor General for appellee.

No., Original. Ex parte: IN THE MATTER OF JAMES HAMILTON LEWIS, PETITIONER. Submitted May 21, 1906. Decided May 28, 1906. Per Curiam. Motion for leave to file a petition for a writ of certiorari denied. Jones v. Montague,

202 U. S.

Decisions on Petitions for Writs of Certiorari.

194 U. S. 147; Security Insurance Company v. Prewitt, 200 U. S. 446; Mills v. Green, 159 U. S. 651; Bessette v. W. B. Conkey Company, 194 U. S. 324. Mr. Holmes Conrad for petitioner.

Decisions on Petitions for Writs of Certiorari from April 17 to May 28, 1906.

No. 653. JOHN B. ELLISON ET AL., PETITIONERS, V. THE UNITED STATES. April 23, 1906. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Third Circuit denied. Mr. Edward S. Hatch for petitioners. The Attorney General and The Solicitor General for respondent.

No. 673. S. W. TYSON ET AL., PETITIONERS, v. FRANK E. CREELMAN. April 23, 1906. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth Circuit denied. Mr. William A. Gunter for petitioners. Mr. Robert E. Steiner for respondent.

No. 680. J. W. FARRIOR, PETITIONER, v. EQUITable Life ASSURANCE SOCIETY OF THE UNITED STATES. April 23, 1906. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth Circuit denied. Mr. William L. Martin and Mr. William A. Gunter for petitioner. Mr. Horace Stringfellow and Mr. Robert E. Steiner for respondent.

No. 683. JOHN B. MAYER ET AL., PETITIONERS, v. MARGARET H. MANDEVILLE. April 23, 1906. Petition for a writ of

Decisions on Petitions for Writs of Certiorari.

202 U. S.

certiorari to the United States Circuit Court of Appeals for the Third Circuit denied. Mr. Aug. B. Repetto for petitioners. Mr. Russell Duane for respondent.

No. 684. JOHN NORGATE, PETITIONER, V. THE DENVER AND RIO GRANDE RAILROAD COMPANY. April 23, 1906. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit denied. Mr. Edward T. Fenwick for petitioner. Mr. Henry A. Dubbs and Mr. Joel F. Vaile for respondent.

No. 686. C. SCHMITZ, ETC., PETITIONERS, V. THE UNITED STATES. April 23, 1906. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit denied. Mr. Albert H. Washburn for petitioner. The Attorney General and The Solicitor General for respondent.

No. 688. FIELDS S. PENDLETON, PETITIONER, v. CENTRAL RAILROAD OF NEW JERSEY. April 23, 1906. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the First Circuit denied. Mr. Edward E. Blodgett for petitioner. Mr. James J. Macklin, Mr. LaRoy S. Gove and Mr. Edward S. Dodge for respondent.

No. 675. PHILADELPHIA AND READING RAILWAY COMPANY, LESSEE, ETC., PETITIONER, v. BENJAMIN D. Welch, Master, ETC., ET AL. April 30, 1906. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Third Circuit denied. Mr. John G. Lamb for petitioner. No appearance for respondents.