Hickman Ex Rel. Iles v. Southern Pacific Transport Co.

The writer fully concurs in the holdings of the majority.

With regard to damages, the majority’s award is limited to the normal residual from the fracture received at the time of the accident. The majority disallows any additional award from the “re”-injury while sleepwalking. I concur with the majority, upon the express understanding that this disallowance of additional recovery is based upon its findings that the “re”-injury and its permanent residual would have occurred, whether or not the boy’s leg was weakened by the tort-caused initial fracture — that is, upon the understanding that the…