Smith v. Payne

(After stating the foregoing facts.) Special ground 5 of the amended motion for a new trial complains that the court erred in failing to instruct the jury as to the manner of ascertaining the damages if they should find that the plaintiff was only temporarily injured or disabled; and that the court should have charged that, if the “jury should find that the injuries received by the plaintiff were temporary, they should disregard the probable length of life of the plaintiff, and that in assessing damages for loss of earning capacity by reason of temporary injuries the jury should consider only…