
    EDWARD C. PERRY v. CHICAGO GREAT WESTERN RAILROAD COMPANY.
    
    June 23, 1922.
    No. 22,844.
    Master and servant — hernia—verdict not excessive.
    A verdict iof $3,366 for inguinal hernia, though the evidence tended to show that an operation would effect a cure, held, under the circumstances stated in the opinion, not excessive.
    Action in the district court for Dakota county to recover $10,000 for personal injuries while in the employ of defendant. The case was tried before Converse, J., and a jury which returned a verdict for $3,366. From an order denying its motion for a new trial, defendant appealed.
    Affirmed.
    
      Briggs, Weyl & Briggs, for appellant.
    
      John J. Keefe, for respondent.
    
      
       Reported in 188 N. W. 1002.
    
   Dibell, J.

Plaintiff while in the employ of the defendant suffered an inguinal hernia and recovered a verdict of $3,366. The only question is whether it is excessive.

There was evidence at the trial that an operation would likely be effective and that a cure would result within a few months. The operation was an abdominal one which has an element of risk or of unsatisfactory result. No issue was made at the trial or submitted to the jury whether an operation would safely remove his trouble, or whether it was his reasonable duty to submit to an operation. Nothing was submitted to the jury, aside from the question of liability, except the amount of damages which should be awarded for the injury. Following and applying Maroney v. Minneapolis & St. L. R. Co. 123 Minn. 480, 144 N. W. 149, 49 L. R. A. (N. S.) 756, and in any possible view of the case, the damages are not excessive. They are conservative.

Order affirmed.  