Baxter v. Baker

The defendant in a personal-injury case appeals from a judgment for the plaintiff, assigning error to an instruction that authorized the jury to award the plaintiff “special damages” for “lost earnings,” when the evidence showed that the plaintiff at the time of her injury was not employed for wages, but was a college student.

There is no substantial disagreement, either between counsel or among the members of this court, with reference to the compensability of the loss of *378earning capacity, by whatever name it is called. All agree that any person, employed or unemployed, whose earning capacity…