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Des Moines Daily Leader
Des Moines, Polk County, Iowa
October 11, 1901, Page 4
VALUE OF A LIMB FIXED AT $8,000
The Supreme Court Finds an Allowance of $14,500
for Loss of a leg Excessive
J. R. WIMBER, formerly a brakeman on the Iowa Central Raiway company, has his choice between taking $8,000 as his
compensation for losses due to personal injuries or to enter on a new trial. While engaged in uncoupling an engine and
freight car he was injured by reason of the company's employes (sic) backing the engine against him without signal. His
right leg had to be amputated below the knee. He was given judgment for $14,500 by the Hardin district court, presided
over by Judge S. M. WEAVER. The trial court's holding on the case are upheld, save on the amount of the judgment. This
is held excessive. "If plantiff elects to remit all in excess of $8,000," says the court, "the judgment as thus
reduced will stand affirmed or otherwise it will stand reversed and the case will be remanded for further trial."
The supreme court bases its finding on its decision in a former case, known as the Kroener case, in which it was held
a judgment of $12,000 for loss of a limb was excessive and the amount was scaled down to $8,000.
Transcription by Sharon R. Becker, May of 2009
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