SECTION

7276. Physical examination of plaintiff to determine extent of his in-

juries.

1277. Exhibition of person of plaintiff to the jury.

7278. Evidence to disprove claim of extent of injury.

7279. Susceptibility to disease as result of injury may be shown.

7280. Not necessary that witness should testify to amount of damages.

7281. Instructions.

7286. Loss of time a proper element of damages.

7287. Amount depends on nature of employment or business.

7288. Employment of substitute.

7289. Board not recoverable.

1290. Married woman.

7291. Averment and proof of loss of time and wages.

SECTION

ARTICLE III. IMPAIRED CAPACITY FOR LABOR.

7294. Necessary that injury should be permanent.

7295. Amount of such damages difficult of ascertainment.

7296. Fact of present payment to be considered.

7297. Rule in case of convict injured during confinement in penitentiary.

7298. Comparison of wages before and after injury as indicating extent

of impairment.

7299. Recovery not defeated by receiving higher wages after injury.

7300. Partial incapacity under English Workman's Compensation Act.

7301. Measure in case of person working on commission.

7302. Personal oversight and superintendence of business.

7303. Effect of former impairment.

7304. Mental impairment as result of injury may be shown.

7305. Earnings of unlicensed physician.

7306. Whether impairment of earning capacity must be specially averred.

7307. Extent of loss must be shown.

7308. Evidence to show whether capacity for labor has been impaired.

7309. Mortality tables as evidence to show duration of life of injured per-

son.

7310. Damages recoverable by parties entitled thereto-Children-Mar-

SECTION

ried women.

ARTICLE IV. PHYSICAL PAIN AND MENTAL ANGUISII.

7315. Pain and suffering a proper element.

7316. No certain gauge for measuring damages for suffering.

7317. Direct evidence of suffering not required.

7318. Recovery may be had for future suffering.

1319. The physical pain and suffering for which damages may be allowed.

7320. Mental anguish.

SECTION

7321.

7322.

Further of mental anguish.

Knowledge of susceptibility to mental anguish not essential to

charge wrong-doer.

7323. Peril and fright.

SECTION

ARTICLE V. COST OF CURE.

7327. Expenditures incurred for medical attendance a proper element of

damages.

7328.

Causal connection between injury and attendance essential.

7329. Expenditures for attendance must have been reasonable in amount.

7333.

Necessity of evidence of amount of medical expenses.

7334. Expenses of nursing.

7335. Recovery in actions by married woman.

7336. Recovery by infant.

7337. Pleading such expenses.

ARTICLE VI. RECOVERY BY THIRD PERSON.

SECTION

7341.

7342.

Action by husband for injuries to wife.

Recovery may include both loss of service and diminished capacity

for labor.

7343. Where the action is by wife for injury, pending suit for divorce.

Where the injury is to a minor child.

7344.

7345.

Character of child sometimes may be shown.

SECTION

CHAPTER CXCV.

QUANTUM OF DAMAGES.

7348. Discretion of the court in setting aside verdicts for excessiveness

or inadequacy.

7349. Must be assigned as ground for new trial.

7350.

Amount as determined by pleading and estimates of witnesses.

7351. Where property is injured.

7352. Injuries to the person.

7353. Further of injuries to the person-Permanent injuries.

7354. Further of injuries to the person-Temporary injuries.

7361. Further of remittitur.

7362. Whether damages are adequate.

7363. Whether damages are excessive depends on facts in particular cases

-Illustrative cases.

7372. Mental capacity and non-consent of releasor,

7373. Fraud as a ground for rescinding a release.

7374. Examples of releases set aside on the ground of fraud.

7375. Examples of releases that were not deemed to have been obtained

by fraud.

7376. False and fraudulent misrepresentations as a ground for rescission.

7377. Illustrative cases.

7378. Mistake as a ground for rescission.

7379. Return of consideration or offer to return as a prerequisite of re-
scission.

7380. Cancellation of release as a prerequisite to an action for damages.

7381. When release of one joint tort-feasor releases all.

7382. Ratification of release.

7383. Pleadings relating to releases.

7384. Evidence relating to releases.

CC.

ART. I.

ART. II.

Parties Defendant,

Pleadings in Particular Classes of Neg-

ligence,

Pleadings in Actions against Rail-

road Companies,

Pleadings in Actions against Car-

riers,

ART. III. Pleadings in Actions between Master

SS 7429-7440.

§§ 7444-7482.

§§ 7491-7597.

§§ 7491-7504.

§§ 7509-7519.

and Servant,

§§ 7522-7546.

ART. IV. Pleadings in Actions against Munici-

pal Corporations,

SS 7551-7572.

CCIII.

§§ 7629-7632.

CCIV.

ART. I.

ART. II.

ART. III.

ART. IV.

CCV.

CCVI.

CCVII.

CCVIII.

CCIX.

CCX.

Judicial Knowledge,

Presumptions and Burden of Proof,

General Doctrines and Theories,

Does the Rule of Res Ipsa Loquitur

Apply in the Relation of Master

and Servant?

Presumptions as to Particular Facts,

Burden of Proof as to Various Evi-

dentiary Facts, .

Admissions, Declarations, Res Gestæ,

Expert and Opinion Evidence,

Evidence in Actions between Master

and Servant, . .

Evidence in Actions against Railroad

Companies in Other than the Carrier

or Employer Relation,

Evidence in Actions against Street Rail-

road Companies in Other than the

Carrier or Employer Relation,

Evidence in Actions for Injuries to Pas-

ARTICLE I. WHEN NEGLIGENCE IS A QUESTION FOR THE COURT,

WHEN FOR THE JURY.

SECTION

7387. Reasonable care is generally a question of fact.

7388. Further expressions of the above doctrine.

7389. Always for the jury where the evidence is conflicting.

7390. Question should be submitted to jury where there is any evidence

tending to show negligence.

7391. But not where there is but a mere scintilla of evidence to show neg-

ligence.

7392. Rule where the evidence so clearly shows negligence that a verdict

for the defendant would be set aside.

7393. Is a question of law where facts are undisputed and point to but

one conclusion.

7394. Is a question of fact where fair-minded men might draw different

conclusions from disputed or undisputed facts.

7395. Rule where plaintiff's testimony is equally consistent with existence

and non-existence of negligence.

7396. In case of violation of penal statutes and municipal ordinances.

ARTICLE II. APPLICATIONS OF THESE DOCTRINES IN VARIOUS CON-

DITIONS OF FACT.

SECTION

7400. In cases of railway injuries.

7401. In cases of street-railway injuries.

7402. In cases against municipal corporations.

7403. In actions against the master by his servant.