Evening Republican, Volume 18, Number 230, Rensselaer, Jasper County, 29 September 1914 — Rights of the Insane. [ARTICLE]

Rights of the Insane.

An insane person is capable of mental suffering as well as a sane person, under a ruling by the supreme court .of Texas, in Tweed vs. Western Union Telegraph company, until ivte proved that such abnormal mental condition existed as to prevent the party from experiencing mental suffering. The basis of the suit was an Injury to an employe of the defendant through the falling of a pole on which he was working. Concerning the defense that the plaintiff was not entitled to damages for mental suffering because his mind was affected, the court said: “There is no principle of law which would authorise this court to say that one afflicted with melancholia could not experience mental anguish or any of the emotions which constitute mental suffering. The question of damages for physical pain and mental suffering is for the jury, and we know of no rule of law which would deny either, unless the defendant should prove such condition as would authorize the jury to say that such presumed result did not arise fpm the physical injury. Surely no court has a right to say that any character of insanity prevents a party from experiencing mental suffering when such persons manifest an appreciation of physical pain.v