Teller v. Fairchild

Simons, J. P., and Witmer, J.

(dissenting). We dissent from the modification and would affirm the judgment in all respects. The Trial Justice erred at the close of the evidence when he reserved decision on the motion to dismiss the cause of action for conscious pain and suffering and submitted the issue to the jury. After the jury returned a verdict for the plaintiff on that cause of action, however, the court "bit the bullet” and properly set it aside. There is not a scintilla of evidence in this case that the deceased suffered any pain, which is prerequisite for submission of such cause of…