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 THE ABUSE OF PERSONAL INJURY LITIGATION

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as are those of the law merchant. If such educated in personal injury litigation (such were the case a vast amount of personal calendars are now made of case actions injury litigation would never reach the against the City of Chicago); if it were pos sible to regulate by statute the recovery, courts because parties could readily deter mine for themselves that their best interests based on the extent of the injury and the amount of the injured person's earnings for would be consulted by an amicable settle ment out of court. Therefore, if the laws a stated period prior to the injury, thus relating to negligence were codified, it is eliminating from these suits a certain specu believed that parties would be enabled to lative character; if one stubborn or corrupt understand more thoroughly their reciprocal juror could not cause a disagreement or an rights and duties. Employers would take unjust verdict; if judges would refuse to excuse from jury service high grade busi better precautionary measures for the pro tection of employees. Moreover, young and ness and professional men, — it is believed careless attorneys would be enabled to advise more just verdicts would result. more accurately. Under present conditions after the pres If the statute of limitations were modi entation of all the evidence and before the fied so that in certain cases a new action retirement of the jury, or when a jury is might be brought, even after the expiration waived before the judge's finding has been of two years from the date of the injury, noted down, the plaintiff may take a non there might be less frequent miscarriages suit. This often works a great injustice of justice. to the defendant. If the state judges were appointed or If trial judges always had courage enough elected for longer terms; if causes were not to direct verdicts in proper cases; if trial passed or continued, except for good reasons; and Appellate Courts had • more extensive if masters were required to furnish informa powers for reviewing verdicts on questions tion enabling their servants to know whom of fact, — the inducement to parties to try to sue for injuries, received in the line of for a capital prize in the jury lottery would their employment; if the criminal laws for disappear. This would diminish the number the punishment of perjury were more prac of suits. It would give more speedy trials. tical so that more convictions could be It would remove from the employer some of secured; if the instructions, when in writing, the temptation to litigate an undoubtedly were limited to a reasonable number; better, just claim. still, if judges could instruct orally; if ex Finally, if the legal and moral require pert medical testimony were provided by ments for admission to the bar were more the court rather than by the parties; if the rigid, suits without merit would be fewer, physical surroundings in the court room findings would be more equitable and clients were more comfortable and sanitary; if would receive fairer treatment. But it is there were calendars of personal injury easy to criticise. It is difficult to remedy. -cases only, so that jurors would become CHICAGO, ILL., March, 1906. MR. WERNER. I HAVE accepted your invitation to con tribute to a symposium on the above subject with the understanding that the methods of eradicating the abuses in this field of litigation from a legal and profes sional, rather than from an economic and social standpoint, were to be considered.

I therefore will not attempt to discuss, in what I may have here to say, such remedial legislation as has been attempted by way of "Fellow Servant," "Employer's Liabil ity," or "Workmen's Compensation" Acts. Before we attempt to suggest remedies for abuses, we ought in all fairness to be sure