Howerton v. Pfaff

In a personal injury action growing out of a collision between automobiles, plaintiff, the driver of one of the cars, recovered a judgment for $5,000 general damages and $1,563.80 special damages. Defendant appeals, assigning two alleged errors, both relating to items of damage.

By the first of these assignments it is contended that the court erred in denying defendant’s motion to withdraw from the consideration of the jury one of the specifications of injury to plaintiff in the amended complaint, to-wit: “Injury to plaintiff’s right groin resulting in right inguinal hernia.” The ground of the…