ELEMENTS TO BE CONSIDERED IN ASSESSING DAMAGES. 217 



time of tlie accident and at the end of six weeks, but no 

 allowance was made for the hire of another horse during the 

 six weeks. (rt) 



172. Elements to be considered in Assessing Damages 

 in case of Personal Injury. — (A.) When the pursuer survives. 

 In a recent case of negligent driving where a pursuer 

 obtained a verdict of £800 in an action of damages against a 

 tramway company, Lord M'Laren observed : — " There are 

 three elements to be taken into consideration in arriving at 

 the amount of compensation which ought to be awarded in 

 a case of this kind. In the first place, it must be given for 

 expenses to Avhich the pursuer has been put on account of 

 the accident, for medical attendance and lodging ; in the 

 second place, it must be given for the physical suffering 

 which has been thereby occasioned, whether temporary or 

 permanent ; and in the third place, it must be given for the 

 loss of business which has resulted so far as that has been 

 proved. (6) The first and third of these elements are as a rule 

 capable of fairly accurate ascertainment by proof ; but the 

 second, termed solatium, is more difficult to fix. 



The method of computing solatium is " by the jury taking 

 into their consideration the whole circumstances of the case, 

 looking at both the present suffering and permanent injury, 

 and without trymg to put a money value upon each separ- 

 ately, to fix a sum which will do justice between the 

 parties."(c) It is impossible to doubt that it is a material 

 element for the jury to consider, both in the question of 

 reparation and solatium, whether the accident resulted from 

 very gross, or from a lesser degree of negligence. (rZ) 



The fact that a deceased injured party was a burden to 

 those who are suing for reparation, will not affect their 



(a) Hughes v. Quentin, 1838, 8 C. and T. 703 ; but see § 69, p. 94. 



(b) Yoinuj V. Glasgow Tramuays Co., 18S'2, 10 K. 24-2-2-13. 



(c) Lord Shand in Young, cit. 



(rf) Per Lord President Boyle Hope in Coolei/ v. Ed. <C- Gl. Ry. Co., 1845, 8 D. 

 288, 291. 



