Martin v. Hahn

The defendant appeals from a judgment for the plaintiff in an action for damages arising out of an automobile collision. The issue on appeal has been stated in terms of the propriety of instructing the jury on special damages for lost wages when the proof showed that the plaintiff was not employed at the time of the accident.

The issue has been obscured, however, by pleading changes made before and during trial. The original complaint had contained a prayer for $52,500 “general damages” and for $7,824.25 “special damages” of which $1,104.25 was for medical expenses and $6,720 was for lost…