Zibbell v. Southern Pacific Co

CitationZibbell v. Southern Pacific Co., 116 P. 513, 160 Cal. 237, 1911 Cal. LEXIS 508 (Cal. 1911)

Brief Fact Summary. There are no facts in the casebook.

Synopsis of Rule of Law. Money awarded as damages to a party does not necessarily compensate for the physical injury suffered.

Facts. There are no facts in the casebook.

Issue. Are the damages awarded to a party equal to the amount that the party was physically injured?

Held. No.
* Money awarded as damages to a party does not necessarily equal the physical injury suffered.
* In some cases, there is no amount of money to completely compensate an injured party, and even if there was, that amount of money is not necessarily the legal amount.

Points of Law - for Law School Success

The rule is well established in this state that when knowledge of irregularity is known in time to apply to the court to remedy or correct it, a party may not sit by in silence, taking chances of a favorable verdict, and after a hostile one, then, for the first time, be heard to complain.

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Discussion. The excerpt included in the casebook attempts to make the point that a roomful of gold is not sufficient to equally compensate a party that has been physically injured. However, the legal amount of money in an award for money damages is not all the money in the world, even when it would take all the money in the world to fully compensate the injured party.

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