Southern Grocery Stores Inc. v. Smith

The petition claimed damages for loss of time, expenses of medical and surgical treatment, permanent diminution in earning capacity caused by physical injuries, and mental and physical pain and suffering caused by such injuries arising out of an alleged tort. The only instructions which the judge gave to the jury relative to the kind of damage for which the action was brought were as follows:

“I charge you, further, damages are given as compensation for the injury done, and generally this is the measure where the injury is of a character capable of being estimated in money. In some torts the…