instep to the heel, the leg being scarred and shrivelled nearly to the knee. Texas & Pac. R. Co. v. Överheiser, 76 Tex. 437.

$8,000 not excessive where plaintiff's face was crushed, his lower jaw made immovable, and rendering him a cripple and an invalid for life. Oties v. Cowles, Electric S. & A. Co., 7 N. Y. Supp. 251.

$8,000 not excessive for injury to healthy girl requiring amputation of limb above knee. Gulf, C. & S. F. R. Co. v. Stryon, 66 Tex. 421.

$8,000 not excessive for injury to plaintiff, a young man, compelling him to submit to surgical operation by which portion of ankle bone was removed. Plaintiff suffered great pain, and had become a cripple for life. Henry v. Sioux City & P. R. Co., 75 Iowa, 84.

$8,000 not excessive for permanent injury to a farmer fifty-two years old with an expectancy of life of nearly twenty years, the injuries having caused great suffering. Funston v. Chicago, R. I. & P. R. Co., 61 Iowa, 752, 14 Am. & Eng. R. Cas. 640.

$8,000 not excessive for the loss of a hand. Wilson, 63 Ill. 167.

$8,000 not excessive for loss of leg by laborer. & S. F. R. Co., 39 Fed Rep. 174.

Chicago & A. R. Co. v.

Schumacher v. St Louis

$8,000 not excessive for injury which rendered healthy vigorous man diseased, feeble and helpless for life. Cummings v. National Furnace Co., 60 Wis. 603.

$8,000 not excessive for injuries necessitating amputation of one foot and disabling plaintiff from attending to business for over thirteen months. Ferguson v. Wisconsin Cent. R. Co., 63 Wis. 145, 19 Am. & Eng. R. Cas. 285.

$8,100 not excessive where a girl seven years of age had one leg cut off and her right hand crushed so as to cause amputation of two fingers, besides being otherwise injured. Chicago & A. R. Co. v. Murray, 71 Ill. 601. $8,250 not excessive for fracture of several ribs and a puncturing of a lung, causing great suffering and confining plaintiff for several weeks. Reed 7. Chicago, St. P. M. & O. R. Co., 74 Iowa, 188.

$8,500 not excessive for injuries consisting of severance of the nervous connection of the left arm resulting in pain and contraction of the fingers, although plaintiff still had use of his arm to the elbow. Ridenhour v. Kansas City Cable R. Co., (Mo.) 13 S. W. Rep. 889.

$8.525.87 not excessive for serious and permanent injury to spine of married woman. Stouter v. Manhattan R. Co., 6 N. Y. Supp. 163.

$8.958 not excessive for injury to a female passenger, her spine being permanently injured, plaintiff being a person of education and a teacher by profession. Illinois Cent. R. Co. v. Parks, 88 Ill. 373.

$9,000 not excessive for wound two inches long and three or four inches deep in side. The wound was serious and permanent and health entirely destroyed. Western & A. R. Co. v. Lewis, 84 Ga. 211.

$9,000 not excessive where plaintiff's leg was broken, compelling him to lay two months before getting up and unable to do anything except on crutches for a year. The broken leg was afterwards shortened and the knee was stiffened. Griffith v. Missouri Pac. R. Co., 98 Mo. 168.

$9,000 not excessive where plaintiff suffered injuries that disabled him for life and which caused great suffering. Deppe v. Chicago, R. I. & P. R. Co, 38 Iowa, 592.

$9,650 not excessive for leg so crushed that it had to be amputated above the knee. Nadau v. White River L. Co., 76 Wis. 120.

$10,000 not excessive for injury to brakeman caused by car passing over his legs, there having been two previous trials, the first time a verdict for $10,000, the second for $12,000. Porter v. Hannibal & St. J. R. Co., 71

Mo. 66, 2 Am. & Eng. R. Cas. 44.

$10,000 not excessive for injuries to a locomotive fireman who was fearfully scalded, and confined for two months, and unable to do any hard work for more than a year after the accident; one ear was permanently deafened and his sufferings were excruciating. St. Louis & S. F. R. Co. v. McClain, (Texas, March 3, 1891) 15 S. W. Rep. 789.

$10,000 not excessive for permanent disablement in one leg and shoulder, rendering plaintiff helpless and unable to labor. Daniels v. Union Pac. R. Co., (Utah) 23 Pac. Rep. 762.

$10,000 not excessive for injury to child nine years of age, rendering him lame for life. Galveston v. Posnainsky, 62 Tex. 118, 13 Am. & Eng. Corp. Cas. 484.

$10,000 not excessive for injuries consisting of loss of a leg at the ankle, causing disability to work for a year, and decreasing earning power, wound being extremely painful. Taylor v. Mo. Pac. R. Co., (Mo. March 11, 1891) 16 S. W. Rep. 206.

$10,000 not excessive for injuries to brakeman resulting in loss of leg below the knee and confining plaintiff to his room over fifty days while suffering extremely. Atchison, T. & S. F. R. Co. v. Moore, 31 Kan. 197, 15 Am. & Eng. R. Cas. 312.

$10,000 not excessive for injury causing the amputation of a hand. Union Pacific R. Co. 7. Young, 19 Kan. 493.

$10,000 not excessive where physician testified that plaintiff would never recover from injuries which left him a physical wreck. Dalzell v. Long Island R. Co., 6 N. Y. Supp. 167.

$10,000 not excessive where plaintiff was entirely deprived of his health and ability to labor for life. Columbia & P. S. R. Co. v. Hawthorn, 3 Wash. Terr. 353.

$10,000 not excessive for loss of foot. Louisville & N. R. Co. v. Mitchell (Ky.) 8 S. W. Rep. 706.

$10,000 not excessive where plaintiff suffered complete paralysis of the left side. Osborne v. Detroit, 32 Fed. Rep. 36, 18 Am. & Eng. Corp. Cas. 230.

$10,000 not excessive for injury necessitating amputation of an arm, defendant having been guilty of gross negligence. Robinson v. Western Pac. R. Co., 48 Cal. 409.

$10,000 not excessive for loss of right foot of young man, unfitting him for pursuing his calling. Bowers v. Union Pac. R. Co., 4 Utah, 215.

$10,175 not excessive for injury to elderly physician earning $2,500 a year, who was scalded, his nose broken and his teeth knocked out, and three ribs broken, and who was partially paralyzed and in constant pain. Gratiot v. Mo. Pac. R. Co., (Mo. May 19, 1891), 16 S. W. Rep. 384.

$11,000 not excessive for injuries to laborer necessitating amputation of one leg and incapacitating him for work. Berg v. Chicago, M. & St. P. R. Co.. 50 Wis. 419, 2 Am. & Eng. R. Cas. 70.

$11,000 not excessive for serious injury to man of advanced years entailing confinement for a long time, great suffering and expensive treatment and the amputation of a portion of one of his feet. Jordan v. New York & H. R. Co., 9 N. Y. Supp. 506.

$11,000 not excessive for injury to young man thirty years of age, permanently disabling him. Belair v. Chicago & N. W. R. Co., 43 Iowa, 662. $12,000 not excessive for injury to brakeman, twenty-two years old, who had earned $60 a month and was unable to work for two years, and his earnings had decreased to $10 a month. Trinity & S. R. Co. v. Lane, (Texas, Feb. 20, 1891), 15 S. W. Rep. 477.

$12,000 not excessive for injuries to fireman thirty-nine years old rendering amputation of leg necessary and causing great suffering and impairing general health. Missouri Pac. R. Co. v. Mackey, 33 Kan. 298, 22 Am. & Eng. R. Cas. 306.

$12,000 not excessive where manager of telegraph company received injuries necessitating amputation of an arm impairing his efficiency as an operator and putting him to an expense of $2,000. Dougherty v. Missouri Pac. R. Co. (Mo.), 34 Am. & Eng. R. Cas. 488.

$12,000 not excessive for fracture of thigh bone and stiffening of kneejoint. Pain suffered could only be remedied by surgical operation at great risk of life. Texas M. R. Co. v. Douglass, 73.Tex. 325.

$12,000 not excessive for injury confining plaintiff to his bed for six weeks, causing him great pain and rendering him unable to attend to business for several months and leaving him permanently lame, and obliging him to spend about $1,350 for physician's services. Rockwell v. Third Avenue R. Co., 64 Barb. (N. Y.), 438.

$12,040 not excessive for injury to arm of person dependent on manual labor for support, the injury greatly reducing her earning capacity. Coast Line R. Co. v. Boston, 83 Ga. 387.

$14,167 not excessive for injury to leg, disabling person for life. Galveston, H. & S. A. R. Co. v. Porfert, 72 Tex. 344, 37 Am. & Eng. R. Cas. 540. $15,000 not excessive for injuries to practising physician almost totally disabling him, where before accident he had earned from $1,200 to $1,500 a year. Pence v. Chicago, R. I. & P. R. Co., 79 Iowa, 89, 42 Am, & Eng. R. Cas. 126.

$15,000 not excessive for injury to miner by accident to his right shoulder and some of his ribs and one of his legs being broken, the leg having to be amputated. Solen v. Virginia & Truckee R. Co., 13 Nev. 106.

$15,000 not excessive for injuries to young man seventeen years old. breaking his collar bone, compressing his chest, breaking his right arm. and crushing his elbow. Plaintiff's sufferings were severe and his life shortened. Gulf, C. & S. F. R. Co. v. Dorsey, 66 Tex. 148, 25 Am. & Eng. R. Cas. 446.

$15,000 not excessive for loss of both legs by a healthy man, forty-five years of age. Hobson v. New Mexico & A. R. Co. (Ariz.), 28 Am. & Eng. R. Cas. 360.

$15,000 not excessive for injuries consisting of broken thigh, fractured pelvis, and other permanent injuries. Louisville, N. O. & T. R. Co. v. Thompson, 64 Miss. 584, 30 Am. & Eng. R. Cas. 541.

$15,000 not excessive for injury to engineer incapacitating him from any labor, and depriving him of the sense of hearing. Texas & P. R. Co. v. Johnson, 76 Tex. 461, 42 Am. & Eng. R. Cas. 7.

$16,000 not excessive where plaintiff was permanently injured, and his heart displaced and enlarged. Georgia Pac. R. Co. v. Dooley, (Georgia, Dec. 1, 1890), 12 S. E. Rep. 923.

$18,000 not excessive for loss of leg and loss of use of arm by a man in prime of life. Murray v. Brooklyn City R. Co., 7 N. Y. Supp. 900.

$20,000 not excessive for injury to a prosperous lawyer of an exceedingly painful and permanent nature, the effects of which would probably continue during his lifetime, and might shorten his existence. Walker v. Erie R. Co., 63 Barb. (N. Y.) 260.

$20,000 not excessive for injury rendering plaintiff a wreck in mind and body, causing epileptic fits and inability to labor. International & G. N. R. Co. v. Brazzil, 78 Tex. 314, 44 Am. & Eng. R. Cas. 437.

$25,000 not excessive for injury to healthy man rendering him a physical and mental wreck. Chicago, etc., R. Co. v. Holland, 18 Ill. 418.

$30,000 not excessive for injury to a middle-aged vigorous man, producing concussion of the spine and disease which would progress until paralysis and premature death ensued. Harrold v. New York El. R. Co., 24 Hun (N. Y.) 184.

PACIFIC EXPRESS CO.

V.

FOLEY.

(Kansas Supreme Court, May 9, 1891.)

Carriers-Limiting Liability to Particular Amount-Validity of Stipulation. -Where the receipt or contract of a common carrier contains a stipulation that the company is not to be held liable for any loss or damage, except as forwarders only, nor for any loss or damage of any box, package, or thing for over $50, unless the just and true value thereof is stated in such receipt, and where the receipt fails to show any value of the box or goods shipped, the receipt or contract, if fairly and voluntarily entered into, will be upheld as a proper and lawful mode of securing a due proportion between the amount for which the carrier may be responsible and the freight he receives. when the loss or injury to the box or goods carried results only from slight, common, or ordinary negligence on the part of the carrier, its agents or

servants.

The case of Kallman v. U. S. Express Co., 3 Kan. 205, referred to and commented on.

Kansas City, St. Jo. & C. B. R. Co. v. Simpson, 30 Kan. 645, 16 Am. & Eng. R. Cas. 158, distinguished, as the carrier in that case arbitrarily and unfairly mixed in the bill of lading or receipt a limitation on the value of the property shipped.

VALENTINE, J., dissenting.

ERROR from District Court, Douglas County.

On the 4th day of November, 1887, Peter T. Foley brought his action against the Pacific Express Company before a justice of the peaoe of Douglas county to recover $175, for damages alleged to have been sustained by him in the transportation of a box containing type and electrotype plates from Kansas City, Mo., to Lawrence, in this state, on October 15. 1887, from the A. N. Kellogg Newspaper Company at Kansas City, Mo., by the Pacific Express Company. The following is a copy of the receipt given by the express company for the box in controversy:

Read this receipt.

The Pacific Express Company.

"Not negotiable. "Received from

the following articles, which we undertake to forward to the point nearest to destination reached by this company only, perils of navigation excepted. And it is hereby expressly agreed that the said Pacific Express Company are not to be held liable for any loss or damage, except as forwarders only, nor for any loss or damage of any box, package, or thing for over $50, unless the just and true value thereof is herein stated, nor for any loss or damage by fire,

the acts of God, or of the enemies of the government, the restraint of governments, mobs, riots, insurrections, or pirates, or from any of the dangers incident to a time of war; nor upon any property or thing, unless properly packed and secured for transportation; nor for any fragile fabrics, unless so marked upon the package containing the same; nor upon any fabrics consisting of or contained in glass. If any sum of money, besides the charge for transportation, is to be collected from consignee on delivery of the property described herein, and the same is not paid within thirty days from date hereof, the shipper agrees that this company may return said property to him, at their option, at the expiration of that time, subject to the conditions of this receipt, and that he will pay the charges for transportation both ways, and that the liabil ity of this company for such property, while in its possession, for the purpose of making such collection, shall be that of warehousemen only. And it is further agreed that the said. Pacific Express Company shall not be held liable for any claim, of whatsoever nature, arising from this contract, unless such claim shall be presented in writing sixty days from date hereof, in a statement to which this receipt shall be annexed; and the shipper and owner hereby severally agree that all the stipulations and conditions in this receipt contained shall extend to and inure to the benefit of each and every company or person to whom the Pacific Express Company may intrust or deliver the above described property for transportation, (which the said Pacific Express Company is hereby authorized to do,) and shall define and limit the liability therefor of such other company or person:

On the first page of the receipt book, after the printed words, "Received from," there was written, "A. N. Kellogg N'paper Co.:" and on the following pages nothing was written in the blank after the words, "Received from.' Before the commencement of this action, J. K. Johnston, superintendent of the Pacific Express Company, tendered to Mr. Foley for that company $50, in payment for the damage to the box, but Mr. Foley refused to accept that amount. Trial had before the justice of the peace on November 8, 1887, and the plaintiff recovered judgment for $144.55 and interest and costs. The action was appealed to the district court. Trial had before the court with a jury at the February term, 1888. The jury returned a general verdict for the plaintiff for $144.55,