Basham v. Pate

Paul S. Pate sustained personal injuries in an automobile accident allegedly caused by the negligence of Clifton Henry Basham. A verdict in the amount of $12,500 returned by the jury in favor of appellee has been approved by the trial court. Appellee’s injuries consisted of lacerations, bruises and a broken wrist. In an instruction on damages the trial court permitted the jury to consider “any lessening of earning capacity he [Pate] may reasonably be expected to sustain in the future”. Basham was awarded a writ of error to consider the correctness of this instruction.

At the time of his injury…