Jones v. Hutchins

The opinion of the majority construes the charge in question as an instruction on the issue of “permanent impairment of earning capacity.” I cannot agree with this construction because the charge, in addition to “the diminution of the capacity to earn money” also specifically authorizes recovery of “the reasonable value of such loss of earnings” reduced to its present cash value. There can be no doubt that the court in this instance intended to instruct upon the issue of loss of future earnings, since otherwise the instructions on reduction of such loss to its present cash value would not…